Externment Order -- Anti-Social Element Declaration -- Requires two offences within preceding 24 months
(i) Bihar Control of Crimes Act, 2024, S.2(b) -- Externment Order -- Anti-Social Element Declaration -- Requires at least two cases within the 24 months immediately preceding commencement of action, in which police reports were filed showing involvement in offences covered by the Act. Absence of conviction and absence of any case after the relevant period render the conditions precedent unsatisfied. An order passed without reference to such material suffers from non-application of mind and is a nullity. (ii) Bihar Control of Crimes Act, 2024, S.3 -- Externment Order -- Attendance Condition -- Direction to mark attendance at a police station away from the place of residence, when the jurisdictional police station is available, is illegal in absence of a rational basis. Attendance should ordinarily be before the officer-in-charge of the police station nearest to residence, and not more than once in a day. (iii) Bihar Control of Crimes Act, 2024, S.3 -- Compensation for Illegal Order -- Externment -- Curtailment of liberty through an arbitrary externment order entitles the affected person to compensation and litigation cost from the State Government. Where the State is saddled with such liability due to misuse or excessive use of executive power, the amount may be recovered from the erring officials.
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