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Externment order takes away fundamental right to move freely; must be used sparingly: Supreme Court

– Appellant challenged an order of externment passed under Maharashtra Police Act, which had been upheld by the Bombay High Court;

– The externment order was based on three stale offences, two offences against individuals and the two confidential witness testimonies;

– The Supreme Court said that an externment order infringes the fundamental right under Article 19(1)(d) to move freely throughout the territory of India and must, therefore, stand the test of reasonableness;

– Competent authority must be able in a position to show application of mind, the Bench stressed.

– The order in the present case was found to be passed casually and thus, quashed.

Source: Barandbench

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