Mohammad Kaif Nasir Malik vs State Of Maharashtra And Ors

ik-79016751 Bombay High Court 29 November 2024 • WRIT PETITION NO. 1718 OF 2024 • 10 min read

Judges (1)

Counsel (4)

Parties (2)

Case Significance

Mohammad Kaif Nasir Malik vs State Of Maharashtra And Ors is a Bombay High Court decision dated November 29, 2024 (citation: ik-79016751). Writ petition challenging an externment order under Section 56(1)(a)(b) of the Maharashtra Police Act and the appellate authority's order dismissing the appeal. The petitioner was externed from Mira Bhayander and adjacent areas for two years. The Court found the objective and subjective satisfaction for passing the externment order was erroneous, the order was excessive and unreasonable, and it unreasonably curtailed the petitioner's fundamental right of free movement. Both orders were quashe The case was heard by Justice Shyam C. Chandak. Counsel appearing: Kuldeep Jain (counsel for petitioner), N. B. Patil (counsel for respondent), Sumedh Modak (counsel for petitioner), Vivek Rane (counsel for petitioner).

Summary

Writ petition challenging an externment order under Section 56(1)(a)(b) of the Maharashtra Police Act and the appellate authority's order dismissing the appeal. The petitioner was externed from Mira Bhayander and adjacent areas for two years. The Court found the objective and subjective satisfaction for passing the externment order was erroneous, the order was excessive and unreasonable, and it unreasonably curtailed the petitioner's fundamental right of free movement. Both orders were quashed.

What was the outcome of Mohammad Kaif Nasir Malik vs State Of Maharashtra And Ors?

Writ petition challenging an externment order under Section 56(1)(a)(b) of the Maharashtra Police Act and the appellate authority's order dismissing the appeal. The petitioner was externed from Mira B...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-79016751)