Court Upholds Externment Order Set Aside by Commissioner, Citing Lack of Remand Authority
In a significant ruling, the Allahabad High Court, presided over by Justice Sandeep Jain, has set aside the remand order issued by the Commissioner of Aligarh Division in the case concerning Anil Chaudhary under the U.P. Control of Goondas Act, 1970. The court underscored the appellate authority's lack of jurisdiction to remand matters back to the District Magistrate, affirming the Commissioner's decision to nullify the externment order dated November 1, 2025.
Anil Chaudhary, the petitioner, faced proceedings initiated under Sections 3 and 4 of the U.P. Control of Goondas Act, 1970, stemming from multiple criminal cases against him. Despite a lengthy criminal history of 19 cases reported up to 2021, only selective cases were used to justify proceedings under the act. The District Magistrate of Aligarh had issued an externment order, barring Chaudhary from the district for six months, which he challenged in appeal.
In the appeal, Case No. 1782 of 2025, the Commissioner of Aligarh Division found the District Magistrate's orders contradictory and set aside the externment order, but controversially remanded the matter for fresh adjudication. However, Justice Jain noted that under Section 6 of the U.P. Control of Goondas Act, 1970, the appellate authority is limited to either confirming, modifying, or setting aside orders, with no provision for remanding cases.
The court highlighted the arbitrary selection of cases by the State, criticizing the omission of Chaudhary's full criminal record in initial proceedings, which could suggest malafide intentions. The judgment also pointed out the absence of subsequent criminal acts post-2021, and the fact that Chaudhary remains unconvicted, being on bail in all cases.
Justice Jain's judgment underscores the importance of adhering to statutory provisions, ensuring that appellate authorities operate within their defined jurisdiction. The decision to uphold the Commissioner's setting aside of the externment order but nullify the remand reflects the court's commitment to legal precision and fairness.
Bottom line:-
Under Section 6 of the U.P. Control of Goondas Act, 1970, the appellate authority does not have the power to remand the matter back to the District Magistrate for fresh adjudication. It can only confirm the order, with or without modification, or set it aside.
Statutory provision(s): U.P. Control of Goondas Act, 1970 - Sections 3, 4, 6
Anil Chaudhary v. State of Uttar Pradesh, (Allahabad) : Law Finder Doc id # 2937560
