‘Amit Shah Murdabad’, ‘BJP Murdabad’ Slogans Not Ground for Externment, Says Bombay HC

The Bombay High Court on Thursday quashed an externment order against a political activist who had been banished from Mumbai for organising protests, with Justice Madhav Jamdar ruling that opposing government decisions and raising slogans against it are protected under the Constitution and cannot be grounds for expelling a citizen from his own city.

The Order That Was Struck Down

The court set aside externment orders passed against Saeed Ahmad Abdul Wahid Chaudhary, Maharashtra state general secretary of the Socialist Democratic Party of India and a former Lok Sabha candidate. Chaudhary, a resident of Chembur in Mumbai's suburbs, had organised morchas and dharnas on issues including the Citizenship Amendment Act, the National Register of Citizens, the Babri Masjid demolition, the Gyanvapi mosque dispute, alleged corruption in the Waqf board and fuel price hikes. Delhi Court Denies Bail to Man in INR 52 Lakh Tinder Scam; Slams Judge for Filing FIR via Maid.

Externment proceedings against him were initiated in October 2025 under the Maharashtra Police Act, based on five FIRs registered between 2019 and 2024, most of them tied to protest activity and booked under Section 188 of the Indian Penal Code, which deals with disobeying orders issued by public authorities during demonstrations.

In December 2025, the Deputy Commissioner of Police at Chembur ordered Chaudhary removed from Mumbai city and its suburban limits for 12 months, citing claims in the FIRs that his activities had created fear and posed a danger to public order. The Divisional Commissioner of the Konkan division upheld that order on appeal in March 2026. Why the Supreme Court Called Cyber Criminals 'Parasites' While Rejecting Bail to Man Accused of Cyber Fraud.

What The Judge Said In Court

During the hearing, Justice Jamdar questioned why slogans such as "BJP government murdabad" and "Amit Shah murdabad" should invite externment, and pointed to the ongoing protests across the country over examination paper leaks. He remarked that police officers are answerable to the public and not to political leaders.

"What is this? All citizens are being made slaves of Indian Government... They cannot stage protests, they cannot agitate- what is all this?" the judge said from the bench, according to LiveLaw. "Now so many papers have been leaked. If people protest, you will slap cases... What is this? It is the right of the citizens to protest."

Grounds For Quashing The Order

In his written order, Justice Jamdar held that externing a citizen solely for opposing government policies violates the fundamental rights guaranteed under Articles 19 and 21 of the Constitution, covering freedom of speech and expression and the right to live with dignity. He described the police action as a mala fide use of power.

Advocate Payoshi Roy, appearing for Chaudhary, argued that the externment mechanism under Section 56 of the Maharashtra Police Act was meant to address serious threats to life or property, and that protest-related offences under Section 188 IPC could not be brought within its scope. Chaudhary had also told the court that the order kept him out of his own locality during a period when he needed to campaign for his party ahead of Mumbai's civic body elections.

The bench agreed that the order rested on a flawed premise and quashed both the original externment order and the appellate order confirming it, granting relief to Chaudhary in the case titled Saeed Ahmad Abdul Wahid Chaudhary versus State of Maharashtra.

(The above story first appeared on LatestLY on Jul 02, 2026 11:08 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).