SC rules externment orders cannot be routine, quashes Raigarh DM order, says multiple criminal cases alone not grounds for such action. NEW DELHI: Holding that forcing a person to stay out of a city or district affects freedom guaranteed by the Constitution, SC on Monday ruled that a govt cannot pass an externment order routinely and must pass a reasoned order to justify such harsh measures.A bench of Justices Dipankar Datta and Sheel Nagu quashed an externment order passed by Raigarh district magistrate directing a person to remove himself from the district and contiguous districts for one year. The order was passed against him as multiple criminal cases were pending and the district authority apprehended that his presence would create further problems in the area and nearby districts.“An order of externment directly impinges upon valuable fundamental freedoms guaranteed to a citizen and, therefore, cannot be made as a matter of routine. Further, merely because multiple criminal cases have been filed against a person would not, ipso facto, be a ground for ordering externment,” the bench said.Before exercising such power, the DM is required to arrive at a bona fide and informed subjective satisfaction that circumstances warrant such an extreme measure and externment is necessary, it said.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesThe bench said the authority is not expected to render a judgement as a court of law but the order must nonetheless disclose, at least in broad terms, the reasons for such satisfaction. “The existence of objective material and a discernible nexus between such material and the conclusion reached are indispensable safeguards against arbitrary exercise of power,” it said.Quashing the order under Chhattisgarh Rajya Suraksha Adhiniyam, SC said the externment order fell short of statutory requirement. “The order does not indicate the material on the basis of which such conclusion was reached. No reasons are forthcoming to demonstrate why the third respondent (Raipur DM) considered the situation grave enough to necessitate the appellant’s externment,” it said.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosNepal Flood Crisis: 8,900 Army Personnel Deployed As Search For Missing People ContinuesDelhi Draft Voter Roll Out: 47.7 Lakh Electors Excluded, Claims Allowed Till September 30Akhilesh Yadav’s Big Attack On UP Govt; Divya Mittal Resignation & Meerut Custody RowIndus Waters Row: India Rejects Hague Court’s Jurisdiction, Says Treaty Suspension Will Continue’Dumped 40 KM Away In Delhi’: Teen Allegedly Gang-Raped In Empty Sleeper Bus, Two Accused ArrestedLVM3 Tech Transfer: Adani, Mahindra Among Firms Eyeing ISRO’s ‘Bahubali’ RocketPM Modi Meets Pezeshkian In Bishkek, Reiterates ‘Friendship With Iran’ Amid West Asia Conflict‘Babur’s Country Honoured Modi’: Owaisi Takes Dig At BJP, RSS As PM Gets Uzbekistan’s Top Award’One May Call Bharat Superpower But…’: RSS Chief Bhagwat’s ‘Vishwaguru’ Msg In Canada‘Islam Is Greater Than Other Dharams’: Karnataka Minister Sparks Row, BJP Calls Cong ‘Anti-Hindu’123PhotostoriesFrom quitting his well-paying engineering job in Dubai to Sonalika Joshi recommending him for Taarak Mehta Ka Ooltah Chashmah; When Mandar Chandwadkar recalled his journeyBigg Boss Telugu through the years: A look back at all seasonsVaibhav Suryavanshi breaks all-time Duleep Trophy record as a teenager: Times the young cricketer has made historyThe glass-skin obsession: Can Indian skin really achieve that mirror-like glow?Personality test optical illusion: Only sharp-eyed people can find all the hidden deer in this image within 11 secondsTamannaah Bhatia just made Rs 2.43 lakh look like a personality trait in this Aisha Rao ivory ensembleNew OTT releases this week (August 31-September 6): ‘Gandhari’, ‘Dhamaal 4’, ‘The Gentlemen’ Season 2, ‘Untold Raygun: Breaking Badly’ and moreTravelling by train in India? 10 things you should never do on a journeySamantha Ruth Prabhu joins the polka-dot club, and maternity fashion just got a lot more funBigg Boss Malayalam: A look back at seven unforgettable seasons123Hot PicksNepal floodMumbai port fireGandak riverMumbai milk priceDelhi rapeWeather tomorrowTN milk price hikeGATE 2027 registrationIndia GDP growthTop TrendingCanyon Flash FloodStuart BroadBabaz AzamNovak DjokovicUS Iran WarTravis Kelce BusinessKai CenatCoco GauffsNaomi OsakaLebron James

SC rules externment orders cannot be routine, quashes Raigarh DM order, says multiple criminal cases alone not grounds for such action. NEW DELHI: Holding that forcing a person to stay out of a city or district affects freedom guaranteed by the Constitution, SC on Monday ruled that a govt cannot pass an externment order routinely and must pass a reasoned order to justify such harsh measures.A bench of Justices Dipankar Datta and Sheel Nagu quashed an externment order passed by Raigarh district magistrate directing a person to remove himself from the district and contiguous districts for one year. The order was passed against him as multiple criminal cases were pending and the district authority apprehended that his presence would create further problems in the area and nearby districts.“An order of externment directly impinges upon valuable fundamental freedoms guaranteed to a citizen and, therefore, cannot be made as a matter of routine. Further, merely because multiple criminal cases have been filed against a person would not, ipso facto, be a ground for ordering externment,” the bench said.Before exercising such power, the DM is required to arrive at a bona fide and informed subjective satisfaction that circumstances warrant such an extreme measure and externment is necessary, it said.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesThe bench said the authority is not expected to render a judgement as a court of law but the order must nonetheless disclose, at least in broad terms, the reasons for such satisfaction. “The existence of objective material and a discernible nexus between such material and the conclusion reached are indispensable safeguards against arbitrary exercise of power,” it said.Quashing the order under Chhattisgarh Rajya Suraksha Adhiniyam, SC said the externment order fell short of statutory requirement. “The order does not indicate the material on the basis of which such conclusion was reached. No reasons are forthcoming to demonstrate why the third respondent (Raipur DM) considered the situation grave enough to necessitate the appellant’s externment,” it said.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideosNepal Flood Crisis: 8,900 Army Personnel Deployed As Search For Missing People ContinuesDelhi Draft Voter Roll Out: 47.7 Lakh Electors Excluded, Claims Allowed Till September 30Akhilesh Yadav’s Big Attack On UP Govt; Divya Mittal Resignation & Meerut Custody RowIndus Waters Row: India Rejects Hague Court’s Jurisdiction, Says Treaty Suspension Will Continue’Dumped 40 KM Away In Delhi’: Teen Allegedly Gang-Raped In Empty Sleeper Bus, Two Accused ArrestedLVM3 Tech Transfer: Adani, Mahindra Among Firms Eyeing ISRO’s ‘Bahubali’ RocketPM Modi Meets Pezeshkian In Bishkek, Reiterates ‘Friendship With Iran’ Amid West Asia Conflict‘Babur’s Country Honoured Modi’: Owaisi Takes Dig At BJP, RSS As PM Gets Uzbekistan’s Top Award’One May Call Bharat Superpower But…’: RSS Chief Bhagwat’s ‘Vishwaguru’ Msg In Canada‘Islam Is Greater Than Other Dharams’: Karnataka Minister Sparks Row, BJP Calls Cong ‘Anti-Hindu’123PhotostoriesFrom quitting his well-paying engineering job in Dubai to Sonalika Joshi recommending him for Taarak Mehta Ka Ooltah Chashmah; When Mandar Chandwadkar recalled his journeyBigg Boss Telugu through the years: A look back at all seasonsVaibhav Suryavanshi breaks all-time Duleep Trophy record as a teenager: Times the young cricketer has made historyThe glass-skin obsession: Can Indian skin really achieve that mirror-like glow?Personality test optical illusion: Only sharp-eyed people can find all the hidden deer in this image within 11 secondsTamannaah Bhatia just made Rs 2.43 lakh look like a personality trait in this Aisha Rao ivory ensembleNew OTT releases this week (August 31-September 6): ‘Gandhari’, ‘Dhamaal 4’, ‘The Gentlemen’ Season 2, ‘Untold Raygun: Breaking Badly’ and moreTravelling by train in India? 10 things you should never do on a journeySamantha Ruth Prabhu joins the polka-dot club, and maternity fashion just got a lot more funBigg Boss Malayalam: A look back at seven unforgettable seasons123Hot PicksNepal floodMumbai port fireGandak riverMumbai milk priceDelhi rapeWeather tomorrowTN milk price hikeGATE 2027 registrationIndia GDP growthTop TrendingCanyon Flash FloodStuart BroadBabaz AzamNovak DjokovicUS Iran WarTravis Kelce BusinessKai CenatCoco GauffsNaomi OsakaLebron James


SC: Externment orders cannot be passed routinely, require reasons
SC rules externment orders cannot be routine, quashes Raigarh DM order, says multiple criminal cases alone not grounds for such action.

NEW DELHI: Holding that forcing a person to stay out of a city or district affects freedom guaranteed by the Constitution, SC on Monday ruled that a govt cannot pass an externment order routinely and must pass a reasoned order to justify such harsh measures.A bench of Justices Dipankar Datta and Sheel Nagu quashed an externment order passed by Raigarh district magistrate directing a person to remove himself from the district and contiguous districts for one year. The order was passed against him as multiple criminal cases were pending and the district authority apprehended that his presence would create further problems in the area and nearby districts.“An order of externment directly impinges upon valuable fundamental freedoms guaranteed to a citizen and, therefore, cannot be made as a matter of routine. Further, merely because multiple criminal cases have been filed against a person would not, ipso facto, be a ground for ordering externment,” the bench said.Before exercising such power, the DM is required to arrive at a bona fide and informed subjective satisfaction that circumstances warrant such an extreme measure and externment is necessary, it said.

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