The court held that protesting against union government decisions and raising slogans does not constitute grounds for externment, and that such action affects fundamental rights under Articles 19 and 21.

The Bombay High Court on Thursday (July 3, 2026) quashed an externment order passed against Saeed Ahmad Abdul Wahid Chaudhary, the general secretary of the Socialist Democratic Party of India (SDPI), stating that opposition to government decisions does not constitute grounds for externment under the Maharashtra Police Act.

Justice Madhav Jamdar, while hearing the petition, observed that the Mumbai Police had passed the externment order based on five FIRs lodged against Mr. Chaudhary for organising protests against the Central Government’s decisions, including amendments to the Citizenship Act and the Gyanvapi Masjid controversy.

The externment order was initially passed by the Deputy Commissioner of Police (Zone 6) on December 3, 2025, and confirmed by the Divisional Commissioner, Konkan Division, on March 27, 2026, externing Mr. Chaudhary for a period of one year.

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Police cannot act as servants of political executives

Justice Jamdar remarked that police officers are public servants and not servants of the Chief Minister or the Prime Minister. The court indicated that the action taken against the petitioner appeared to be malafide in nature.

The court further noted that citizens have the right to express their opinions and live with dignity under Articles 19 and 21 of the Constitution. The judge stated that the externment order for opposing government decisions affected these fundamental rights.

During the proceedings, Justice Jamdar made observations regarding the political situation in Maharashtra, noting instances of Members of Parliament and Members of the Legislative Assembly switching parties. The judge remarked on the political developments in the state, including discussions in the State Assembly regarding the election of the Presiding Officer.

Court quashes externment orders

The court disposed of the petition and quashed both the December 3, 2025 and March 27, 2026, orders. Justice Jamdar recorded that the petitioner had arranged Morchas and Dharnas against certain decisions taken by the Government of India, and such activities could not be grounds for externment.

The court noted that raising slogans such as ‘BJP Government Murdabad’ and ‘Amit Shah Murdabad’ during protests did not justify externment orders. The judge observed that citizens cannot be externed merely for opposing government decisions.

The petition was filed by Saeed Ahmad Abdul Wahid Chaudhary, aged 49, who had been actively organising protests against various Central Government decisions. The externment proceedings were initiated by the Mumbai Police under the Maharashtra Police Act, relying on five FIRs lodged against the petitioner for staging protests.