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This is an archive article published on March 29, 2013

Nashik man’s externment set aside

Bombay High Court (HC) has set aside externment of a Nashik resident by local police.

Bombay High Court (HC) has set aside externment of a Nashik resident by local police. HC noted in a recent order cases on the basis of which the externment was ordered were old,dating back to 2002.

DCP (zone 2),Nashik,had ordered externment of Sachin Jagtap from the district on February 9,2012,based on two cases of voluntarily causing hurt.

Another case police relied on was of alleged murder,criminal conspiracy and rioting in 2011.

After the home department rejected his appeal,Jagtap moved HC.

A division bench of justices P V Hardas and A R Joshi said,“It is a case in which the live link is snapped,thus rendering the externment order liable to be set aside.” The judges said in cases where the decision by police has been made on the basis of material that should not have been considered,interference by court may be warranted.

Jagap’s lawyer U N Tripathi argued the cases relied on by police were “stale”.

He also questioned the delay in recording in-camera statements of witnesses. Statements regarding incidents of October and December 2010 were recorded in September 2011,he claimed.

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