IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1233 OF 2000. WRIT PETITION NO.1233 OF 2000. WRIT PETITION NO.1233 OF 2000. Shri Mohan Muralidhar Babar. .. Petitioner. versus The State of Maharashtra & Anr. .. Respondents. .... Mr.Manoj M. Kadam, i/b. Pratap Patil, Advocate for the Petitioner. Mr. J.P.Yagnik, APP for Respondent No.1-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 8TH JULY,2008. : 8TH JULY,2008. : 8TH JULY,2008. ORAL JUDGMENT : 1. The learned counsel appearing for the petitioner and the learned APP for the respondent No.1-State. The challenge in this petition under article 227 of the Constitution of India is to an order of externment under section 56(1)(a) of the Bombay Police Act, 1951. The challenge is also to an order passed by the Appellate Authority by which the said order of externment has been confirmed. 2. A show cause notice was issued to the petitioner by the second respondent calling upon him to show cause as to why he should not be externed from the limits of districts of Sangli, Satara, Solapur and Kolhapur. A reliance was placed in the said show cause notice on three offences registered against the petitioner at Jat Police Station in Taluka Jat of Sangli District as well as one offence had registered at Umardi Police Station in Taluka Jat of Sangli District. The order of externment was passed after considering the reply filed by the petitioner. The order of the externment extends to the aforesaid four districts. 3. It must be noted here that on 24th August 2000, rule was issued in this petition and interim relief in terms of prayer clause (c) was granted which had the effect of staying the operation of the impugned order of externment. The said order of stay is operating till today. 4. There is a reply filed by one Shri Suresh Sahebrao Jagtap, Police Sub Inspector attached to Jat Police Station. In the reply, he disclosed that out of four cases registered against the petitioner which were referred to in the order of the externment, three have resulted in acquittal and one case is still pending. 5. The order of the externment was to operate for a period of 2 years from the date on which the petitioner removes himself from the said areas. 6. Apart from the fact that the live link between the incidents complained of and the order of externment may not subsist, the order of externment is clearly excessive. The incidents alleged against the petitioner are confined to one particular taluka of Sangli district and the order of externment relates to not only to Sangli district but to three other districts. 7. Therefore, the order of externment deserves to be quashed on the ground that the same is excessive. Accordingly, the rule is made absolute in terms of prayer clause (b). [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]