A person can’t be denied on flimsy grounds his fundamental right to reside or move freely anywhere in the country, the Apex Court has said.
The observation by a bench comprising Justice Indira Banerjee and Justice V Ramasubramanian came while setting aside an externment order against a journalist & social worker issued by the district authorities in Amravati, Maharashtra.
The Bench said that “A person cannot be denied his fundamental right to reside anywhere or to move freely throughout the country, on flimsy grounds".
Externment orders prevent the movement of a person in certain areas.
The Supreme Court said the drastic action of externment should only be taken in exceptional cases to maintain law & order.
DCP, zone1, Amravati city, had passed the externment order under Maharashtra Police Act, 1951, directing journalist Rahmat Khan not to enter or return to Amravati city or Amravati rural district for 1 year from the date on which he leaves or is taken out.
Khan had been filing applications under RTI, seeking information from authorities on alleged illegalities in the disbursement of funds to various madrassas. He contended that cases were initiated against him as a counterblast to the steps taken by him to put an end to alleged misappropriation of public funds & to initiate action against those involved in illegal practices
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