The Bombay High Court ruled that a person cannot be externed merely for participating in agitations or protests against the government. The Court granted relief to an SDPI member who challenged the Mumbai Police’s externment order.
The Bombay High Court quashed an externment order issued against Saeed Ahmad Abdul Wahid Chaudhary, the general secretary of the Socialist Democratic Party of India (SDPI).
The court held that opposition to government decisions cannot, by itself, be a valid ground for externment under the Maharashtra Police Act.
Justice Jamdar observed that police officers function as public servants, not as personnel answerable to the Chief Minister or the Prime Minister.
The judge further indicated that the action against the petitioner appeared to be malafide.
The court noted that citizens have constitutional rights to express their views and to live with dignity, referring to Articles 19 and 21 of the Constitution. It held that the externment order passed in response to protest activity interfered with these fundamental rights.
The externment order was first issued on December 3, 2025 by the Deputy Commissioner of Police (Zone 6) and was later upheld on March 27, 2026 by the Divisional Commissioner, Konkan Division. The measures were for a period of one year.
Justice Jamdar also made remarks on Maharashtra’s political developments, referring to instances of parliamentarians and MLAs switching parties, and mentioning discussions within the State Assembly regarding the election of the Presiding Officer.
Allowing the petition, the court set aside both orders dated December 3, 2025 and March 27, 2026. Justice Jamdar recorded that the petitioner had organised Morchas and Dharnas against decisions taken by the Government of India, and such activities were not a permissible basis for externment.
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The court also ruled that protest slogans such as “BJP Government Murdabad” and “Amit Shah Murdabad” could not justify externment. It emphasized that a person cannot be externed merely because they oppose government actions.
The petition was filed by Chaudhary, aged 49, who had been organising protests against various decisions of the Central Government.
The externment proceedings were initiated by Mumbai Police under the Maharashtra Police Act, relying on five FIRs lodged against him for staging protests.