Bombay HC Quashes Protest Externment Order
The Bombay High Court has set aside a Mumbai Police externment order against political activist Saeed Ahmad Abdul Wahid Chaudhary, holding that merely organising protests against government decisions cannot be grounds to remove a citizen from a jurisdiction.
Bombay High Court On Right To Protest
A single-judge bench of Justice Madhav J Jamdar said citizens have the right to protest, raise slogans and express disagreement with government decisions. The court questioned why cases were being used against people for participating in demonstrations.
The observations came while hearing Chaudhary’s plea against a one-year externment order. He had challenged the action, arguing that it was based mainly on FIRs linked to protests and slogans raised during political demonstrations.
Mumbai Police Externment Order Quashed
Chaudhary, 49, is associated with the Socialist Democratic Party of India and had organised or participated in protests over issues including the Citizenship Amendment Act, NRC and the Gyanvapi mosque matter.
The court noted that several FIRs cited against him related to protests and alleged disobedience of police orders. It held that such material did not justify externment under the Maharashtra Police Act, which is an extraordinary measure affecting a citizen’s freedom of movement.
Fundamental Rights Protected By Court
Justice Jamdar said opposition to government decisions cannot by itself become a reason to extern a person. The court observed that citizens have the freedom to express their opinion and live with dignity under Articles 19 and 21 of the Constitution.
The bench found no material showing that Chaudhary’s acts caused danger, alarm or harm to people or property. It set aside the externment action, describing it as affecting fundamental rights and democratic dissent.
