#externment

The Supreme Court struck down an ex parte externment order for breaching the mandatory notice and hearing provision of Section 8 of the Chhattisgarh Rajya Suraksha Adhiniyam, reaffirming natural-justice safeguards. The ruling bars authorities from imposing exile without prior notice, protecting individuals facing such orders across Chhattisgarh.

Bombay HC quashes externment orders against a petitioner, ruling that authorities failed to establish a live link between prior offences and the externment action. The court also held that the maximum two-year period imposed lacked adequate reasoning, citing the Deepak Dongre precedent.

Allahabad HC sets aside an externment order under the U.P. Control of Goondas Act, 1970, ruling that a single criminal case does not meet the 'habitual' conduct threshold. The judgment reinforces that preventive detention laws demand repeated, persistent offences to justify branding an individual as a 'goonda'.

Bombay High Court quashes externment order under the Maharashtra Police Act, ruling that stale offences or pending investigations cannot justify preventive action. The judgment mandates a direct, live connection between alleged offences and externment, reinforcing procedural safeguards against arbitrary state action.

Allahabad HC rules that externment under the UP Goondas Act cannot be justified solely on the basis of two criminal cases without substantive evidence. The court emphasized due process, directing expeditious disposal of the appeal while staying the impugned order, reinforcing that preventive detention requires more than procedural formality.

Bombay HC Nagpur Bench sets aside an externment order for failing to establish a 'live link' between the accused's past offences and recent criminal activity, and for not disclosing in-camera statements under Section 59. The ruling reinforces procedural fairness, requiring authorities to demonstrate nexus with current threats and ensure transparency in evidence relied upon.

The Bombay High Court struck down a two-year externment order for failing to record the authority’s subjective satisfaction on why the full term was necessary, ruling that reliance on stale cases and undisclosed confidential statements violates Article 19(1)(d) and natural justice. This sets a critical precedent for preventive detention orders under state police acts, demanding transparency and individualized reasoning - not just past criminal history.

Bombay High Court quashes externment order for lack of live link to public order and non-application of mind, reinforcing natural justice under Maharashtra Police Act, 1951.