Bombay High Court
MOHAMMED AZAM USMAAN SIDDIQUIversusTHE DIVISIONAL COMMISSIONER OF POLICE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court orders the Divisional Commissioner to dispose of Appeal No.99 of 2026 within ten days and permits the petitioner to file a fresh writ petition if the appeal is not disposed of within that period.
Summary
Petitioner Mohammed Azam Usmaan Siddiqui challenged the legality of an externment order dated 23 December 2025 that sent him away from Thane district for six months, which was only served on 22 May 2026. He had filed Appeal No.99 of 2026 before the Divisional Commissioner, Konkan Division, Mumbai on 15 June 2026, but the appeal remained pending. The High Court directed the Divisional Commissioner to dispose of the appeal within ten days, noting that four and a half months of the externment period had already elapsed. The Court granted the petitioner liberty to file a fresh writ petition if the appeal is not disposed of within the stipulated time. The merits of the externment order were not examined, and the petition was disposed of on these procedural directions.
Issues considered
- What is the legality and validity of the externment order dated 23 December 2025?
- Whether the delay in serving the externment order and in disposing the appeal violates procedural fairness?
Subjects
- externment
- writ petition
- procedural delay
- appeal disposal
- high court
- criminal appellate jurisdiction
Judgment
34-WP-4005-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4005 OF 2026
Mohammed Azam Usmaan Siddiqui …Petitioner
Versus
The Divisional Commissioner of Police,
Kokan Division Mumbai & Ors. …Respondents
Mr. Mateen Shaikh a/w. Mr. Hassan Siddiqui and Ms. Muskan
Shaikh, for the Petitioner.
Mr. S. S. Ghag, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 29th SEPTEMBER 2026
PC:-
1. Heard Mr. Shaikh, learned Counsel appearing for the
Petitioner and Mr. Ghag, learned APP appearing for the
Respondent-State.
2. By this Writ Petition, the challenge is to the legality and
validity of the impugned order dated 23 rd December 2025 passed
by the Deputy Commissioner of Police, Zone- 2, Bhiwandi
externing the Petitioner for a period of six months from Thane
District. Although the said order was passed on 23rd December
2025, the same has been served on the Petitioner on 22 nd May
2026.
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34-WP-4005-2026.DOC
3. Mr. Shaikh, learned Counsel appearing for the Petitioner
states that Appeal No.99 of 2026 has been filed before the
Divisional Commissioner, Konkan Division, Mumbai, on 15 th June
2026, challenging the said order dated 23 rd December 2025,
however, the same has not been disposed of till date.
4. Accordingly, the Divisional Commissioner, Konkan Division,
Mumbai, is directed to dispose of the said Appeal No.99 of 2026
within a period of ten days from today, as four and half months of
the externment period out of six months period has already
completed.
5. Liberty is granted to the Petitioner to file a fresh Writ
Petition, if the said Appeal is not disposed of within a period of ten
days.
6. The Writ Petition is disposed of in above terms.
7. It is clarified that this Court has not considered the merits
and all contentions on merits are expressly kept open.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.09.30
10:47:37
+0530
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