Here's a breakdown of the recent court decision involving Bharat Shatrughana Bhosale, who challenged his banishment from two districts. The High Court of Bombay, Nagpur Bench, has made a significant ruling in this case.
Bharat Shatrughana Bhosale, a 48-year-old worker from Buldhana, faced orders to leave two districts because of his involvement in several criminal cases. These orders were issued by the local government officials, which led to his removal from two districts for six months.
Bhosale was ordered to leave under Section 56 of the Maharashtra Police Act, 1951, based on his alleged involvement in seven criminal cases. These included serious charges like murder and other offenses under the Indian Penal Code and Indian Forest Act.
Bhosale's lawyer, Ms. P.N. Lakhani, argued that the orders to banish him were unfair. She emphasized that Bhosale was not given a fair chance to defend himself as required under the rules. The lack of proper notice was a key point in the argument.
"The right to be heard is a core component of fairness."
Judge M.M. Nerlikar highlighted the importance of giving someone a chance to present their case. The court noted that the authorities failed to give notice to Bhosale, which is crucial for a fair inquiry.
The court referred to previous judgments emphasizing the need for strict compliance with procedural safeguards to protect personal freedom.
The court found that the orders to banish Bhosale lacked proper reasoning and consideration. It was noted that many of the cases against Bhosale were old or resulted in him being found not guilty, which should have been considered.
"The freedom of the petitioner is put at risk on such old grounds."
The court cancelled the orders dated April 29, 2025, and June 19, 2025. The decision underscores the necessity of following legal procedures that ensure fairness and justice.
