Bombay High Court Rules Denial of Hearing in Externment Proceedings Violates Constitutional Rights and Natural Justice Principles

The Bombay High Court held that denial of an effective hearing to an externee under Section 59 of the Maharashtra Police Act, 1951, constitutes a violation of constitutional rights and principles of natural justice. The petitioner challenged externment orders issued by the Sub-Divisional Magistrate and Divisional Commissioner, arguing that notices were not properly served, depriving him of the opportunity to respond or present evidence. The Court emphasized that personal liberty under Article 19 cannot be curtailed without due process, and mechanical or arbitrary externment orders are unconstitutional. It highlighted that Section 59 mandates notice and opportunity to be heard, and any violation undermines procedural fairness. The Court also criticized authorities for failing to apply mind to in-camera statements relied upon in police reports, noting that decisions cannot be based solely on case counts or mechanical application of rules. Accordingly, the High Court quashed the externment orders, reaffirming the importance of audi alteram partem and constitutional safeguards in administrative actions affecting individual liberty. This decision reinforces judicial oversight in protecting civil rights against procedural lapses by authorities.