"Is He Custodian Of Local Politicians?": Gujarat High Court Tears Into SDM For Externing Citizen For Questioning BJP MLA

The Gujarat High Court on Monday stayed an externment order passed against a man, the petitioner before the Court, taking into account the fact that the said order was passed right after an FIR was registered against him after he criticized a BJP MLA.

Justice Paresh Upadhyay noted that the externment order passed by the SDM, Godhra Prant was, without the authority of law and beyond the Magistrate's authority.

"If the grievance of the citizen against local MLAs are to be dealt with in this manner, not only the citizen needs to be protected, even the response needs to be asked from the concerned MLA, whether he supports such an order," the Court remarked while issuing notice to the MLA in the matter.

During the course of the hearing the Court orally remarked:

"The SDM should be shifted immediately, they are custodians of Public Trust and not of the local politicians. Will you extern a person based on his complaint/question against MLA not doing his work? If one is complaining against an MLA, FIR is registered and the externment has been passed. SDM is the custodian of whom?"

Facts in brief

The petitioner – the citizen raise a complaint as to why the MLA was not doing work of the people and thereafter heated words were exchanged. Thus, as an offshoot of the said grievance of the petitioner, an FIR came to be registered against him on the written complaint of the son of the said MLA.

Further, the Deputy Collector passed an order [in the exercise of powers under Section 56(b) of the Gujarat Police Act, 1951] externing the petitioner, even beyond the powers vested in the officer, the Court noted.

He was externed for a period of two years from several Districts viz. Panchmahals, Mahisagar, Dahod, Chhota Udepur, Vadodara (City and Rural), Kheda and Anand.

The basis to pass the externment order was three FIRs, one was of the year 2017 and the second was of the year 2019 and the Court noted that the cause of action for the SDM, Godhra to pass the externment order was an FIR dated June 14, 2021.

Court's observations

At the outset, the Court noted thus:

"Whether, on the basis of the said FIRs, the externment order could be passed, itself is an aspect which may be subsequently gone into by this Court, however, there is a glaring aspect that, the Sub-Divisional Magistrate, Godhra has passed the impugned order of externing the petitioner from even the District: Anand, which is not only, not within the local limits of his jurisdiction, that district is not even contiguous thereto, as contemplated under Section 56(b) of the Act, where-from the power is derived."

Thus, on merits, the Court noted that the impugned order was vulnerable and on competence, it was unsustainable because the order of externing the petitioner was passed even from the district which is not contiguous to the district in which the SDM is working", the Court said.

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