“You Are in Court, Not at a Political Rally; Can’t Give Everything Political Colour Merely Because You Belong to a Different Community”: Bombay HC dismissed Writ Petition for quashing externenement order

The Bombay High Court on Friday, has dismissed a criminal writ petition challenging a preventive externment order issued ahead of the Ganpati festival, severely reprimanding petitioner's counsel for alleging religious bias without merit. Justice Madhav J. Jamdar observed that merely belonging to a different community does not entitle an individual to paint lawful police action with political colours, sternly reminding counsel that courtrooms are meant for legal arguments, not political rallies.

Key Facts & Allegations

* Heavy Antecedents: The two petitioners have a combined history of 27 criminal offences (17 registered against one and 10 against the other), majorly involving bodily harm and violations under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

* Preventive Measure for Festivities: To preserve public peace, communal harmony, and public tranquility during the sensitive Ganeshotsav period, executive authorities issued restrictive externment directions barring them from the locality.

Statutory Framework: Section 163 of BNSS

The action was executed invoking Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the modern counterpart to Section 144 of the erstwhile CrPC:

* Statutory Objective: Confers authority on District Magistrates, Sub-divisional Magistrates, or specially empowered Executive Magistrates to issue urgent preventive directions to curb immediate danger to human life, bodily injury, obstruction, or riot/affray.

* Initial Duration: An order passed under Section 163 remains operative for a maximum period of two months from the date of issuance.

* Government Extension: If considered strictly necessary to prevent danger to human life or severe civil unrest, the State Government can extend the order by notification for a period not exceeding six months in aggregate.

Given the petitioners' extensive criminal background and the statutory mandate to maintain public order during large-scale public festivities, the High Court held the administrative action justified and dismissed the plea.

Case Details

Case Title: Rehana Abdul Hamid Mulani @ Rally Appa & Anr. v. State of Maharashtra and Ors.

Case No. & Bench: Criminal Writ Petition No. 4711/2026, Single Bench of Hon’ble Shri Justice Madhav J. Jamdar.

Disposal: Contested — Dismissed on September 18, 2026.