Citizens can't be made slaves of government: Bombay HC says people cannot be externed over protests

THe Bombay heights margaret court (HC) on th quashed the externment of societal popular Party of India (SDPI) state general secretary Saeed Ahmad Abdul Wahid Chaudhary, observing that people cannot be externed for protesting against the central government’s policies and raising anti-government slogans.“How can such slogans become a ground for externment,” justice Madhav Jamdar questioned the government.Also Read| ‘Not decided yesterday’: Govt clarifies MEA's passport-citizenship remarks, cites 1967 Act, Bombay HC rulingA single-judge bench of Justice Jamdar remarked: “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 some other party? Let him also switch sides and all such cases will go. Horse-trading is happening across the country.”Questioning the basis of the action against Chaudhary, the court underlined that the country has seen many protests recently across the country, including those against the NEET paper leak. “Will you pass such orders against them too,” it asked, stating that the petitioner should switch parties to get the FIRs registered against him quashed through the government’s “washing machine”.Chaudhary approached HC on March 27, 2026, questioning the order passed on December 3, 2025, externing him from the city. In his petition he said, a senior police inspector of RCF police station on October 20, 2025, filed an externment application against him and others, which the deputy commissioner of police (DCP) took cognisance of. The DCP passed the externment order on December 3, 2025, directing him to leave the city in two days for 12 months.The charges against him involved organising morchas, dharnas and demonstrations against the Centre’s policies since 2019, including protests against the Citizenship Amendment Act (CAA), NRC and the Waqf (Amendment) Bill. The order cited Chaudhary had indulged in sharp anti-government sloganeering which led to many criminal cases.It further stated that Chaudhary delivered speeches and mobilised people, leading to traffic congestion and disruptions, and created law and order concerns. As his actions disturbed public peace, Chaudhary’s externment from Mumbai and adjoining districts was ordered within two days.In his appeal to the divisional commissioner (Konkan division) on December 22, Chaudhary stated that being a politician he needed to campaign and had other responsibilities for the selected candidates in the local body elections, which were scheduled by the BMC on January 15, 2026. The externment order barred him from the city and campaigning for his candidates. He challenged the legality of the order, which was executed on December 8, and urged for speedy disposal.During the hearing on Thursday, the court observed that the action taken against Chaudhary was “malafide” and the order passed was in violation to Article 14 and 21 of the Constitution of India. “As per the article 14 and 21, not only do the citizens have the right to express their opinions but also the right to live with dignity,” it said, striking down the externment order.