"Citizens Are Not Slaves of the Government": Justice Madhav Jamdar's Landmark Verdict.
High Court quashes externment order, comments on 'horse trading' in Maharashtra
Justice Madhav Jamdar's Strong Reminder to Mumbai Police: This ruling serves as an important constitutional reminder! The police are guardians of the law, not instruments of any political establishment. Their moral obligation is to the Constitution and the rule of law, not to the party in power.
In a significant reaffirmation of constitutional freedoms, Justice Madhav J. Jamdar of the Bombay High Court delivered a stern message to the Mumbai Police while quashing a one-year externment order issued against a citizen for participating in peaceful protests against the union government.
The Court made it clear that opposition to the government cannot be equated with opposition to the nation. The Constitution guarantees every citizen the right to express dissent peacefully, and no executive authority can suppress that right merely because the views expressed are critical of those in power.
Among the Court's most striking observations was its warning that the police cannot behave in a manner that reduces citizens to "slaves of the government."
Justice Jamdar also questioned the very basis of the police action, observing that merely raising slogans against government policies or decisions cannot justify punitive measures such as externment (banning an individual from a specific geographical area, state, or district). Such executive action, the Court noted, undermines the guarantees of free speech and personal liberty under the Constitution.
In a vibrant democracy, dissent is not a crime, it is often the first step toward accountability. Judicial interventions such as this reinforce the fundamental principle that constitutional rights do not disappear simply because they inconvenience those who govern.
Is it a timely reminder to the police or the ruling government??
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