Can't exile people for 'BJP government murdabad' slogans: Bombay HC
What's the story
The Bombay High Court has quashed an externment order issued by the Mumbai Police against political activist and Social Democratic Party of India (SDPI) state general secretary Saeed Ahmad Abdul Wahid Chaudhary. The court held that organizing protests against the central government's decisions does not warrant such action. Justice Madhav Jamdar ruled that peaceful protests and sloganeering can't justify an externment order under the Maharashtra Police Act (MPA).
Legal proceedings
Chaudhary externed from Mumbai for 12 months
Chaudhary, a Chembur resident and state general secretary of the Social Democratic Party of India (SDPI), was externed from Mumbai and its suburbs for one year. This was after several FIRs were filed against him between 2019 and 2024 in connection with protests over issues like the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC). Advocate Payoshi Roy represented Chaudhary, arguing that most cases were for protesting central government decisions under Section 188 of the Indian Penal Code.
Judicial scrutiny
Justice Jamdar's observations during hearing
During the hearing, Justice Jamdar questioned why slogans like "BJP government murdabad" and "Amit Shah murdabad" led to an externment order from a Deputy Commissioner of Police. "Citizens cannot be made slaves of the central government. Police are not servants of the chief minister or the prime minister. They are public servants. Are these cases registered against him because he is from...other party? Let him also switch sides and all such cases will go. Horse-trading is happening across the country."
Judge
Petitioner should switch parties to have FIRs quashed? court asks
The judge further questioned the rationale for the action against Chaudhary, pointing out that there have been several protests recently across the country, including those over the NEET paper leak. "Will you pass such orders against them too?" he asked, stating that the petitioner should switch parties in order to have the FIRs against him quashed through the government's "washing machine."
Rights violation
Externment order upheld by Divisional Commissioner
The externment proceedings against Chaudhary started with a show-cause notice on October 20, 2025, under the MPA. In December 2025, he was externed for 12 months over allegations of creating fear and threatening public order by order of the Deputy Commissioner of Police, Chembur. The order was later upheld by the Divisional Commissioner of Konkan Division. Challenging both orders before the high court, Chaudhary argued that the externment prevented him from carrying out political work during Mumbai civic body elections.
Verdict details
Court finds misuse of police powers, quashes orders
The petitioner also argued that police powers had been misused to crush democratic dissent through vague charges, such as assertions that he had established a "kingdom of terror." The court found that the externment order was a misuse of police powers to suppress democratic dissent. Justice Jamdar quashed both the original and appellate externment orders, stating they violated Chaudhary's fundamental rights under Articles 14 and 21 of the Constitution.