'All citizens being made slaves of Indian govt; If people protest, you will slap cases': Bombay HC

Mumbai: The Bombay High Court on Thursday quashed an externment order against Socialist Democratic Party of India (SDPI) general secretary Saeed Ahmad Abdul Wahid Chaudhary, holding that merely opposing the Union government's decisions and raising slogans against it cannot be grounds for externing a citizen from any area.

Hearing a petition filed by Chaudhary, a single-judge bench of Justice Madhav Jamdar came down heavily on the Mumbai Police for externing the 49-year-old for one year.

The externment order was based on five FIRs lodged against Chaudhary, most of which related to protests he organised against decisions of the Central government, including amendments to the citizenship law and the Gyanvapi mosque controversy.

Questioning the basis of the police action, Justice Jamdar made strong oral observations during the hearing.

"What is this? All citizens are being made slaves of Indian Government... They cannot stage protests, they cannot agitate- what is all this? Now so many papers have been leaked. If people protest, you will slap cases... What is this? It is the right of the citizens to protest.... The petitioner has just raised slogans like 'BJP Government Murdabad', 'Amit Shah Murdabad'... Why citizens can't raise such slogans? Why externment orders for such slogans?"

The judge further criticised the police, saying they could not target citizens simply because they opposed government decisions.

"Police isn't the servants of the Chief Minister or the Prime Minister they are public servants... I am going to impose hefty costs on your officers...,” Justice Jamdar said.

Justice Jamdar also referred to the current political climate in Maharashtra, remarking on legislators switching political parties after noting that the petitioner belonged to the SDPI.

In his dictated order, the judge held that participation in protests against government decisions could not justify externment under the Maharashtra Police Act and said such action infringed upon fundamental rights guaranteed under the Constitution.

"The Petitioner acting in his capacity has arranged Morchas and Dharnas against certain decisions taken by the Government of India. That cannot be a ground for a person to be externed under the Maharashtra Police Act. The action taken is mala fide action. Accordingly writ is disposed of with the quashing of the externment order. As per the Articles 19 and 21 of the Constitution of India not only citizens have the freedom to express their opinion but also to live with dignity. The action taken by the respondents against the petitioner for merely opposing certain decisions of the Government of India affects his fundamental rights."

The court quashed the externment orders dated December 3, 2025, issued by the Deputy Commissioner of Police (Zone 6), and March 27, 2026, issued by the Divisional Commissioner, Konkan Division, which had directed Chaudhary to remain externed for one year.