Supreme Court Quashes Externment Order Against Journalist

Supreme Court in a recent judgment has pronounced a person’s Fundamental Right to reside and to move about freely anywhere in India as a right that cannot be refused on “flimsy grounds”.

An externment order was passed under Section 56(1)(a)(b) of the Maharashtra Police Act, 1951 that instructed the journalist named Rahmat Khan to not enter or return to the city of Amravati for a year from the date he was taken out on the account of extorting money under the pretext of threatening to expose the madrassas’ activities.

The journalist strongly opposed and argued before the bench, comprising, Justices Indira Banerjee and V Balasubramanian. He stated that the case was brought against him in response to steps he had taken to end the alleged misappropriation of public funds and to take action against those involved in illegal practices.

It was observed that at times when externment order is mandatory to maintain the law, order and public tranquility, it should only be taken in exceptional cases.Moreover, the FIR(s) that were filled against the Journalist were only to stifle his voice, as a number of complaints were lodged by him against government officials, some Madrasas and parsons connected with Madrasas.

Threat to lodge a complaint cannot possibly be a ground for passing an order of externment under Section 56 of the Maharashtra Police Act, 19561. Therefore, Fundamental Right of the person to reside anywhere in the country or to freely move throughout the country was maintained and the court directed that this right cannot be taken away from any person on flimsy ground.