Bombay HC: Protests Against Government Cannot Justify Externment Orders
The Bombay High Court has ruled that a person cannot be externed merely for participating in agitations and protests against the government. The court quashed a one-year externment order against a local political leader, stating that such actions infringe upon fundamental rights, including freedom of speech and expression and the right to live with dignity.
Justice Madhav Jamdar, presiding as a single bench, delivered the order on Thursday (July 2, 2026). The case involved Saeed Ahmad Abdul Wahid Chaudhary, a member of the Social Democratic Party of India, who had challenged the externment order passed by the Mumbai police.
The court examined the First Information Reports (FIRs) that formed the basis of the externment order and noted that Mr. Chaudhary had raised slogans against the BJP government and Union Home Minister Amit Shah. The court questioned, “Why externment orders for slogans? Can’t citizens raise such slogans? Why can’t citizens protest against government actions and decisions?”
The externment order was issued after Mr. Chaudhary and his party workers staged several protests against certain government decisions. The police argued that these protests were conducted without obtaining due permission from the authorities.
However, the court found no evidence that the agitations and protests caused any harm. Therefore, the court held that they could not serve as grounds for passing an externment order under the Maharashtra Police Act. The order emphasizes the constitutional protection of dissent as part of democratic expression.
The High Court’s ruling reinforces the principle that peaceful protest is a fundamental right and that externment—a measure used to restrict a person’s movement—must not be used arbitrarily to suppress dissent. The judgment aligns with previous Supreme Court rulings that recognize dissent as a symbol of a vibrant democracy.
The decision has been welcomed by civil liberties groups, who see it as a significant check on potential misuse of police powers to silence opposition.
