Daijiworld Media Network – Mumbai

Mumbai, Jul 4: The Bombay High Court has quashed an externment order issued against Social Democratic Party of India (SDPI) leader Saeed Ahmad Abdul Wahid Chaudhary, observing that participating in protests and raising slogans against the government cannot, by themselves, justify criminal punishment.

Justice Madhav Jamdar set aside the Maharashtra Police's order externing Chaudhary from Mumbai and adjoining areas for one year, holding that the action was not legally sustainable.

The case stemmed from protests organised against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC), during which Chaudhary allegedly raised slogans against Prime Minister Narendra Modi and Union Home Minister Amit Shah.

Questioning the basis of the police action, the court asked, "How can such slogans become a ground for externment?"

During the hearing, Justice Jamdar also orally observed that the petitioner appeared to be facing action because he belonged to a political party not aligned with the ruling dispensation.

The judge further remarked that the police are public servants and not servants of any political leadership, while questioning whether similar action would be taken against protesters demonstrating over issues such as the NEET examination and paper leak cases.

The court also made oral observations expressing concern over the alleged misuse of police powers against political opponents and noted that citizens enjoy the constitutional right to freedom of speech and expression under Article 19, as well as the right to live with dignity under Article 21.

Describing the police action as mala fide, the High Court quashed the externment order, holding that peaceful protests and sloganeering against the government cannot be treated as sufficient grounds for such punitive measures.