In a significant ruling, the Patna High Court has expressed strong disapproval over the alleged misuse of externment laws by district magistrates in Bihar. The court has ordered the state government to pay a compensation of Rs 1.10 lakh to a man who faced severe harassment, including being forced to mark attendance at a distant police station twice daily.
Court's Stern Verdict and Compensation Order
A division bench comprising Justices Rajeev Ranjan Prasad and Sourendra Pandey delivered this judgment on Wednesday. The verdict, which was uploaded to the high court's official website on Thursday, came while allowing a criminal writ application filed by the petitioner, Rakesh Kumar Yadav.
The bench directed that the compensation amount must be paid to Rakesh within one month. Furthermore, in a move highlighting accountability, the court instructed the state government to recover this amount from the salaries of the erring officers. This includes the District Magistrate of Saharsa, who had issued the controversial externment order.
The Case of Harassment and Legal Overreach
Advocate Diwakar Prasad Singh, representing Rakesh Kumar Yadav, presented the case before the court. His client was facing two criminal cases at the Mahisi police station in Saharsa. One case was related to a liquor offence, while the other involved allegations of causing public nuisance by organising an orchestra on a government school's premises.
Despite these charges, the Saharsa District Magistrate issued an externment order against Rakesh on May 20 this year. The court noted that this order was passed without any concrete evidence suggesting Rakesh posed a serious threat to life or property. The terms of the externment were deemed excessively harsh.
The order compelled Rakesh to travel 60 kilometres from his home to the Basnahi police station. He was required to mark his attendance there twice every day for a period of two months, causing immense personal hardship and harassment.
Broader Implications and Directive to State Government
The High Court treated this case as a clear misuse of the provisions under the Bihar Control of Crime Act. This legislation is intended to prevent anti-social elements from threatening the state or its property, not to harass individuals without substantial cause.
To prevent such misuse in the future, the court issued a directive to the Principal Secretary of the state's Home Department. The official has been ordered to circulate the full judgment to all District Magistrates across Bihar. This step aims to ensure that officers understand the legal boundaries and consequences of misapplying externment laws.
This ruling underscores the judiciary's role in protecting citizens from administrative overreach and sets a precedent for holding officials financially accountable for unjust actions.
