Bombay High Court Quashes Externment Order, Affirms Right to Protest Government Decisions

The Bombay High Court on Thursday set aside a Mumbai Police externment order against a political activist, ruling that organising or participating in protests against government decisions cannot be grounds for externment. The court emphasised that such actions affect fundamental rights guaranteed under the Constitution.

Justice Madhav J Jamdar, hearing a plea by 49-year-old Saeed Ahmad Abdul Wahid Chaudhary, observed that citizens have the right to protest and raise slogans, and that merely doing so does not justify an externment order. The court questioned why cases were being slapped on citizens for opposing government decisions, stating it amounts to making them 'slaves of the government'.

The externment order, issued by the Deputy Commissioner of Police (Zone 6 - Chembur) on December 3, 2025, had externed Chaudhary for one year. The order was based on multiple FIRs registered between 2019 and 2024 related to protests, including those against the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and other issues. The FIRs were under Section 188 of the Indian Penal Code (disobedience to order duly promulgated by a public servant).

Justice Jamdar noted that the police had relied on slogans such as 'BJP government murdabad' and 'Amit Shah murdabad' raised during protests. The court asked why citizens cannot raise such slogans and why externment orders are passed for such expressions. The judge cautioned the police, stating they are servants of the public, not of top government functionaries.

Chaudhary's lawyers argued that the externment was an attempt to stifle legitimate democratic dissent, especially during civic elections. They submitted that none of the FIRs could attract Section 56 of the Maharashtra Police Act, which allows externment of a person about to commit an offence causing danger or injury to person or property.

The state government's lawyer argued that the protests were held despite police refusal of permission. However, the court found the police action 'vitiated' and 'mala fide'. Justice Jamdar observed that citizens have the freedom to express their opinions and live with dignity under Articles 19 and 21 of the Constitution. The order stated there was no material to show that the petitioner's movements or acts caused alarm, danger, or harm to person or property.

The court noted that the offences alleged carry a maximum punishment of one month's imprisonment and cannot justify an externment order. It reiterated that externment is an extraordinary measure that deprives a citizen of the fundamental right to free movement. The court set aside the externment order, upholding the right to peaceful protest.