One cannot be an outsider just because he participates in agitations and protests against the government: Bombay HC

The Bombay HC said that the appearance of Saeed Ahmad Abdul Wahid Chaudhary only for opposing certain decisions of the government. affects his fundamental rights, freedom of speech and expression, as well as his right to a dignified life. File | Photo credit: PTI

The court ruled that protests against the decisions of the union government and raising slogans did not constitute grounds for expulsion and that such conduct affected the fundamental rights under Articles 19 and 21.

The Bombay High Court on Thursday (July 3, 2026) quashed the deportation order passed against Saeed Ahmad Abdul Wahid Chaudhary, general secretary of the Socialist Democratic Party of India (SDPI), saying that opposition to government decisions was not grounds for deportation under the Maharashtra Police Act.

While hearing the petition, Justice Madhav Jamdar noted that the Mumbai Police had passed the posting order based on five FIRs filed against Mr. Chaudhary for organizing protests against Central Government decisions, including the Citizenship Amendment Act and the Gyanvapi Masjid controversy.

The external order was initially approved by the Deputy Commissioner of Police (Zone 6) on 3 December 2025 and confirmed by the Divisional Commissioner, Konkan Division on 27 March 2026, with Mr. Chaudhary external for a period of one year.

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The police cannot act as servants of political representatives

Justice Jamdar observed that police officers are public servants and not servants of the Chief Minister or the Prime Minister. The court said that the action taken against the petitioner appeared to be malafide.

The court further noted that citizens have the right to express their opinions and live with dignity according to Articles 19 and 21 of the Constitution. The judge found that an external injunction to challenge the government’s decision impinges on these fundamental rights.

During the proceedings, Justice Jamdar made observations on the political situation in Maharashtra, noting instances where Members of Parliament and members of the Legislative Assembly switched sides. The judge commented on the political developments in the state, including the proceedings in the State Assembly on the election of the Speaker.

Court cancels external orders

The court heard the petition and set aside both the orders dated 3 December 2025 and 27 March 2026. Justice Jamdar observed that the petitioner had organized Morchas and Dharnas against certain decisions taken by the Government of India and such activities could not be grounds for deportation.

The court observed that raising slogans like “BJP Government Murdabad” and “Amit Shah Murdabad” during the protests did not justify external orders. The judge noted that citizens cannot be exempted simply for opposing government decisions.

The petition was filed by Saeed Ahmad Abdul Wahid Chaudhary, 49, who has been actively organizing protests against various decisions of the central government. External proceedings were initiated by the Mumbai Police under the Maharashtra Police Act, relying on five FIRs lodged against the petitioner for organizing the protests.

Published – 03 Jul 2026 10:34 IST