Citizens Not Slaves of Govt, Can’t be Externed Merely for Taking Part in Protests Against it: HC

Citizens cannot be made slaves of the government, and externment orders cannot be passed merely because a person is involved in agitations and protests against it, the Bombay High Court has said while quashing such a year-long order against a local politician.

A single bench of Madhav Jamdar also remarked in a lighter vein that with the ongoing “horse trading” in Maharashtra politics, the petitioner can consider switching parties to get all the FIRs registered against him closed.

Petitioner Saeed Ahmad Abdul Wahid Chaudhary had moved the HC challenging the externment order passed against him after he was booked through a bunch of FIRs for staging protests and agitations and raising slogans against the Government of India, the BJP and Union Home Minister Amit Shah.

While quashing the externment order, the HC noted that it affected Chaudhary’s fundamental rights, freedom of speech and expression and also his right to live with dignity.

“Why externment orders for slogans? Can’t citizens raise such slogans? Why can’t citizens protest against government actions and decisions?” the court questioned.

Citizens are being made slaves of the Indian government, HC said, adding that if anybody protests, agitates or questions the actions of the government, then cases are slapped against them.

Justice Jamdar humorously remarked that Chaudhary, who claims to be the general secretary of the Social Democratic Party of India, should consider switching political parties, as that appears to be the trend in Maharashtra these days.

“Even you (Chaudhary) should switch sides. Anyways horse trading is going on in entire Maharashtra. You have some FIRs against you…consider switching sides…there is a washing machine,” Justice Jamdar quipped.

As per the plea, the externment order was passed after Chaudhary and his party workers had staged a few protests and agitations against certain decisions of the government.

The police claimed that these protests were staged without due permission from the authorities.

The court, in its order, said there was nothing on record to show that the agitations and protests had caused any harm, and therefore, by themselves, they could not be grounds for passing the externment order under the provisions of the Maharashtra Police Act.