The SC on 28 Jan held that Externment order takes away the Fundamental right to move freely under Article 19(1)(d) and it is an extraordinary step that’s why it should not be used liberally rather it must be used sparingly. It was held in case of Deepak  Vs State of Maharastra.

Earlier the appellant Deepak was given order of externment from his district for 2 years by the police. This punishment for the appellant was based on his 5 offences under IPC & 2 witnesses stated that his activities were dangerous for society. The appellate authority and Bombay HC dismissed the challenge to this punishment by the appellant.

The Bench of Justice Ajay Rastogi and Abhay S Oka heard the case in SC. The appellant submitted to the court that the order of externment was mala fide as it was given to him at the instance of his maternal uncle. That his maternal uncle is a Member of Legislative Assembly from the locality and he did this to appellant to settle family dispute.

The Court while hearing the case observed that Section 56 of the Maharastra Police Act does not require the relevant authorities to write an elaborated judgment but they must show the application of mind in the matter. The Bench noted that an order of externment must stand the test of reasonableness because it infringes upon a citizen’s fundamental right to free movement across the territory of India.

The Bench of SC also discussed the case of Pandharinath Shridhar Vs. State of Maharastra where it was held that reason which gives rise to the justification of passing an order of externment can only arise out of extraordinary circumstances. The court also observed that the externment order have many implications which include preventing a person from living with his family in his house and it may also deprive him of livelihood so it should only be given if circumstances is extraordinary and punishment stand the test of reasonableness.

After the Examination of facts of the case the bench quashed the HC’s judgment as it found that the HC had passed its order in casual and cavalier manner.