Bombay High Court Quashes Externment Orders, Says 'Babri Masjid Remark Not Anti-National'
The Bombay High Court on Wednesday quashed externment orders issued by the Mumbai Police against two functionaries of the Social Democratic Party of India (SDPI). The court held that stating 'the Babri Masjid mosque should not have been demolished' is not an anti-national remark, and citizens have the right to hold such views.
An externment order prohibits an individual from entering a specific locality or district. The petitioners—Firoz Abdul Wahab Khan and Mohammad Rafiq Gulam Rasul Ansari—had challenged orders banning them from Mumbai for one year, effective December 3, 2025. The orders were based on three First Information Reports (FIRs) linked to protests against the Waqf Bill in 2024–2025, air pollution from a Chembur-Govandi cement factory, and the demolition of the Babri Masjid.
Justice Madhav Jamdar, hearing the petition, questioned the selective targeting: 'The petitioners are targeted as several such FIRs are against all political parties. Did you take any action against the political parties? Then selectively action should not be taken. The action was taken just because they belong to one religion?'
The court noted that the FIRs pertained only to sloganeering, with no harm to public or property. 'The externment order is applicable when there is material to show the likelihood of offences,' said advocate Ibraheem Harbat, representing the petitioners.
Chief Public Prosecutor Shishir Hiray argued that the petitioners had alleged links to the Popular Front of India (PFI) and were involved in disturbing social disharmony. However, the petitioners denied any such associations. The High Court observed that the externment order curbs fundamental rights to free movement and expression, directing the state to file an affidavit.
