Bombay High Court quashes externment order, upholds right to protest

The Bombay High Court has set aside a one-year externment order issued against a Maharashtra political leader, saying that participating in peaceful protests or raising anti-government slogans cannot, by itself, be a reason to remove a person from a city or district.

The court observed that citizens have a constitutional right to express their views and protest against government decisions.

Justice Madhav Jamdar questioned the basis of the police action after reviewing the cases filed against the leader, noting that they mainly related to protests and slogans against the BJP-led government and Union Home Minister Amit Shah.

The court found no evidence that the demonstrations had caused violence, public disorder, or harm that would justify an externment order under the Maharashtra Police Act.

The court also stressed that police officers are public servants and that democratic rights, including freedom of speech and peaceful protest, must be protected. Calling the externment order a violation of fundamental rights, the High Court quashed it, reaffirming that peaceful dissent cannot be treated as a criminal act without sufficient legal grounds.