Bombay High Court Quashes Externment Order Against SDPI Leader Saeed Ahmad Chaudhary
The Bombay High Court in Mumbai on Thursday quashed a year-long externment order issued against Saeed Ahmad Chaudhary, the general secretary of the Socialist Democratic Party of India (SDPI). Justice Madhav Jamdar ruled that staging peaceful protests, agitating, and raising slogans against government decisions are constitutional rights of citizens and cannot be used as grounds to force a person out of their surroundings under the Maharashtra Police Act.
Chaudhary, a 49-year-old political activist, had been subjected to the externment order after organizing public protests on various national issues. These included demonstrations against amendments to the Citizenship Act and the Gyanvapi Masjid issue, among other decisions involving the Central government.
The prosecution had justified the year-long externment order—which restricts a person from entering specific jurisdictions—by citing five First Information Reports (FIRs) lodged against Chaudhary. Most of these cases were registered against him for organizing and staging protests against the central government.
During the court proceedings, the prosecutor highlighted the slogans raised by Chaudhary during the protests. Justice Madhav Jamdar then examined the FIRs and exhibits presented against the petitioner. The judge noted that Chaudhary had raised slogans such as "BJP Govt murdabad" and "Amit Shah murdabad."
Expressing strong disapproval of the state's action, Justice Jamdar questioned the prosecution. "Can’t citizens raise such slogans? Why externment orders for slogans?" the judge asked. He added, "What is this? Are all citizens being made slaves of Indian Govt... can they not stage protests, or agitate – what is all this?"
In the written order, the single-judge bench concluded that Chaudhary was acting in his capacity to arrange morchas and dharnas against certain decisions taken by the Government of India. The court ruled that such political expression cannot be a ground for a person to be externed under the Maharashtra Police Act, describing the action taken against Chaudhary as mala fide.
