Court Awards Compensation for Arbitrary Order Violating Fundamental Rights
In a significant judgment, the Patna High Court has quashed the externment order against Rajesh Kumar, a social worker, passed by the District Magistrate of Nalanda. The court found the order to be arbitrary, illegal, and violative of Rajesh Kumar's fundamental rights under Article 21 of the Indian Constitution. The Bench, comprising Justices Rajeev Ranjan Prasad and Kumar Manish, emphasized that the declaration of an individual as an "anti-social element" must adhere to statutory requirements, which were not met in this case.
The court noted that no criminal case was registered against Rajesh Kumar in the last 24 months, a necessary condition under the Bihar Control of Crimes Act, 2024, for declaring someone as an anti-social element. The externment order was deemed mechanical, lacking proper application of mind, and unsupported by evidence.
Highlighting the distinction between public order and law and order, the court reiterated that executive actions must be based on credible information. The court awarded Rs. 1,00,000 in compensation to Rajesh Kumar for undue hardship and directed the state to recover the amount from the erring officials responsible for the arbitrary order.
The judgment underscores the importance of accountability in the exercise of executive powers and the protection of citizens' fundamental rights.
Bottom line:-
Bihar Control of Crimes Act, 2024 - District Magistrate's power under Section 3(3) - Declaration of an individual as an "anti-social element" must adhere to statutory requirements, including recent criminal cases within 24 months of action initiation and material evidence of disruption to public order. Mechanical orders without proper application of mind are liable to be quashed.
Statutory provision(s): Bihar Control of Crimes Act, 2024, Article 21 of the Constitution of India
Rajesh Kumar v. State of Bihar, (Patna)(DB) : Law Finder Doc id # 2942776
