Mumbai: The Bombay High Court quashed an externment order issued by the Mumbai Police against a political activist, observing that citizens cannot be driven out of a city merely for organising protests or raising slogans against government decisions.
Justice Madhav Jamdar, according to a HT report, held that participating in marches, dharnas or demonstrations against government policies does not constitute valid grounds for externment under the Maharashtra Police Act. The court termed the police action “mala fide” and said it violated the petitioner’s fundamental rights guaranteed under Articles 19 and 21 of the Constitution.
The case involved Saeed Ahmad Abdul Wahid Chaudhary, the Maharashtra state general secretary of the Social Democratic Party of India (SDPI), who had challenged an externment order barring him from entering Mumbai. The order was based on multiple FIRs registered against him, many of which were linked to protests against the Citizenship (Amendment) Act and other central government policies.
During the hearing, Justice Jamdar questioned how raising anti-government slogans or protesting government decisions could justify such a drastic measure. The judge remarked that in a democracy, citizens have the right to express dissent and ask questions of the government, adding that the police are accountable to the public and not servants of political leaders.
The court observed that citizens are entitled to voice opposition to government decisions and that suppressing such expression undermines democratic values. It held that merely opposing the government cannot be treated as a threat warranting externment, which is intended for dealing with habitual offenders or individuals posing a genuine threat to public order.
Allowing the petition, the High Court set aside the externment order, reaffirming that peaceful protest and criticism of the government are protected constitutional rights and cannot, by themselves, be used to curtail an individual’s liberty.
