The Bombay High Court has quashed a one-year externment order issued against a local political leader, holding that such action cannot be based merely on a person's participation in protests and agitations against the government.
A single bench of Justice Madhav Jamdar, in an order passed on Thursday, ruled that externing Saeed Ahmad Abdul Wahid Chaudhary solely for opposing certain decisions of the Government of India infringed upon his fundamental rights, including freedom of speech and expression and the right to live with dignity.
Chaudhary, a member of the Social Democratic Party of India (SDPI), had challenged the externment order issued by the Mumbai Police.
After examining the FIRs cited as the basis for the externment, the court noted that they primarily related to Chaudhary raising slogans against the BJP-led government and Union Home Minister Amit Shah.
“Why externment orders for slogans? Can’t citizens raise such slogans? Why can’t citizens protest against government actions and decisions?” the court questioned.
According to Chaudhary's plea, the externment order followed a series of protests and agitations organised by him and other SDPI workers against certain government decisions.
The police argued that the demonstrations were conducted without the required permission from the authorities.
However, the High Court observed that there was nothing on record to indicate that the protests or agitations had caused any harm. It held that such demonstrations, by themselves, could not constitute valid grounds for issuing an externment order under the provisions of the Maharashtra Police Act.
(With inputs from PTI)
