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PoliticsBombay High Court quashes Mumbai Police externment order against SDPI members
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The Bombay High Court on July 29, 2026 quashed a one-year externment order issued by Mumbai Police against two Social Democratic Party of India (SDPI) functionaries, Firoz Abdul Wahab Khan and Mohammad Rafiq Gulam Rasul Ansari. The order, effective from December 3, 2025, was based on three FIRs related to protests against the Waqf Bill, air pollution from a cement factory, and the demolition of the Babri Masjid. Justice Madhav Jamdar ruled that the FIRs pertained only to sloganeering with no harm to public or property, and that stating 'Babri Masjid should not have been demolished' is not anti-national. The court noted the externment order curbed fundamental rights to free movement and expression, and questioned why selective action was taken against the petitioners, suggesting religious targeting. The state had argued the petitioners had links to the banned Popular Front of India (PFI), which the petitioners denied.
Source report
The court observes that FIRs against two Social Democratic Party of India members pertain only to sloganeering, with no harm to the public or property.
Published: July 29, 2026 09:53 pm IST Source: The Hindu Bureau
The Bombay High Court on Wednesday (July 29, 2026) quashed the externment order issued by the Mumbai Police against two functionaries of the Social Democratic Party of India (SDPI). The court remarked that the statement "Babri Masjid mosque should not have been demolished" is not anti-national, and citizens have the right to hold such views.
A police externment order bans or expels an individual from a locality or district.
Court Observations
"The petitioners are targeted as several such FIRs (First Information Report) are against all political parties. Did you take any action against the political parties? Then selectively [action] should not be taken. The action was taken just because they belong to one religion?" said Justice Madhav Jamdar, who was hearing the petition.
Background of the Case
The two petitioners, Firoz Abdul Wahab Khan and Mohammad Rafiq Gulam Rasul Ansari, challenged the police orders banning them from Mumbai for one year from December 3, 2025. The externment order was based on three FIRs registered in connection with:
- Protests against the Waqf Bill in 2024 and 2025
- Air pollution caused by the Chembur-Govandi cement factory in the State capital
- The demolition of Babri Masjid
Legal Arguments
"The externment order is applicable when there is material to show the likelihood of offences," said Ibraheem Harbat, lawyer for the petitioners.
Justice Jamdar noted that the FIRs pertain only to sloganeering, with no harm to the public or property.
Chief Public Prosecutor Shishir Hiray drew the court's attention to the alleged links between the accused and the Popular Front of India (PFI). "The petitioners were involved in disturbing social disharmony and breach of peace," Mr. Hiray said.
The petitioners have denied any such links.
Court's Directive
The High Court stated that the externment order curbs the fundamental right to free movement and expression, and directed the State to file an affidavit.
Published: July 29, 2026 09:53 pm IST
Source
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Bombay High Court quashes Mumbai Police externment order against SDPI members