Bombay High Court Quashes Externment Order, Says Citizens Cannot Be Externed for Protesting Government

PTI, July 4, 2026, Mumbai :  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 a year-long order against a local politician.

A Single Bench of Justice Madhav Jamdar also remarked in a lighter vein that, with the ongoing "horse-trading" in Maharashtra politics, the petitioner could consider switching parties to get all the FIRs registered against him closed.

Petitioner Saeed Ahmad Abdul Wahid Chaudhary had moved the High Court challenging the externment (often referred to as ‘tadipaar’) order passed against him after he was booked through a bunch of FIRs for staging protests and raising slogans against the Centre, the BJP and Union Home Minister Amit Shah.

The police claimed 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 protests had caused any harm and, therefore, by themselves, could not be grounds for passing the externment order under the provisions of the Maharashtra Police Act.

The High Court noted that the externment order 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 were being made slaves of the government, the High Court said, adding that if anybody protested, agitated or questioned the actions of the government, then cases were slapped against them.

“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.