done...Aurangabad: The Aurangabad bench of the Bombay high court has quashed an externment order saying that the Jalna police have failed to provide specific reasons for externing the person.The division bench comprising Justice SS Shinde and Justice Mangesh Patil said that the orders passed by the sub-divisional magistrate, Jalna, and the revenue divisional commissioner, Aurangabad, are not legally sustainable.As a part of preventive measures, the Jalna police externed Satish Bhimrao Dolse (30) of Man-Deulgaon in Badnapur tehsil of Jalna, for a period of two years on March 17, 2016. Dolse appealed against the order before the revenue divisional commissioner, Aurangabad, but his plea was turned down. Consequently, he approached the high court.Dolse's lawyer PP More had contested that the sub-divisional magistrate did not form an opinion that witnesses are not willing to come forward to give evidence in public against the person.Coming down heavily on the sub-divisional magistrate, the court stated that it is not a mechanical process. "He has to apply his mind and then pass the appropriate order. If the order of an externment is passed against a person, his fundamental right to move from one place to another or the right to reside at a particular place of his choice, gets curtailed. Therefore, the legislative intent while enacting provisions of Section 156(1)(b) of the Act is crystal clear that the concerned officer who is ultimate authority to pass the order of the externment shall form his opinion by applying his mind to facts of the case and material placed before him, and after verifying the statements of the witnesses, shall form his opinion that the witnesses are not willing to come forward against the proposed externee to depose in public by reason of apprehension on their part as regards the safety of their person or property.As already observed, said compliance is not an empty formality and the said officer is bound to strictly adhere to the provisions of section 56 (1)(b) of the said Act, stated the court.

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