Attack during 'beef seizure' case: Bombay HC sets aside externment order

Representational Pic/File

The Bombay High Court has set aside the externment order against Nawab Qureshi, one of the seven suspects, who was allegedly charged with attacking animal activists and police officers during the seizure of 'illegal beef' from a tempo in the Chunabhatti area of Mumbai in January last year.

An FIR was filed against seven people after an animal activist named Pratik Nanaware reported to the Chunabhatti police that a group of around 20 men had allegedly assaulted Animal Welfare Officer Ashish Barik in the Kasaiwada area on January 16, 2022. Subsequently, arrests were made, and later, the Zonal Deputy Commissioner of Police issued an externment order.

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Advocate Sana Raees Khan, who represented Qureshi, stated, "My client Nawab Qureshi was externed from the jurisdiction of Mumbai and Thane district for a period of one year starting from October 17, 2022."

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According to the FIR, the complainant, Nanaware, and his colleague, Barik, had gone to the Chunabhatti police station and reported that 'a tempo loaded with cow flesh was en route to Kasaiwada for sale at Aslam Qureshi alias Mulla's place.' As per their information, the complainant, his colleague, and the police reached the scene and spotted the tempo. When it was halted, the driver failed to produce the required documents. In the meantime, it is alleged that a mob of 18 to 20 individuals, including Qureshi, had gathered, armed with rods and sticks.

As the police and animal activists attempted to search the tempo, they discovered ice and pieces of cow flesh inside it. Meanwhile, the mob turned violent and attacked the activists. An officer from the Chunabhatti police station stated, "During the attack, Barik sustained serious injuries and was hospitalized at Sion Hospital for three days."

Request for externment order cancellation

The petitioner's counsel, advocate Khan, argued before the Bombay High Court that the alleged gang's activities were limited to the Chunabhatti police station area, and the petitioner was externed from a larger area than necessary. She contended that the requirements of Section 55 of the Maharashtra Police Act were not met.

"There was no connection between the gang's activities and the petitioner. There are only two offenses registered against him," Khan argued in the HC. She also mentioned that the petitioner has a two-month-old child and added, "Out of the 12 months, only one month of the externment period remains. Considering all these factors, the petition should be granted."

Opposing the criminal writ petition, the Assistant Public Prosecutor (APP) informed the Bombay HC that "the externing authority provided proper reasoning and recorded subjective satisfaction in externing the petitioner. There was no defect in the externment order. Two serious offenses were registered against the petitioner. He was working as a member of the gang, and therefore, the externment proceedings were necessary."

After hearing arguments from both sides, Judge Sarang Kotwal observed that "the subjective satisfaction of the externing authority is not based on sufficient material. On this ground alone, the externment order is liable to be set aside."

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