The Bombay High Court on Monday set aside the Mumbai Police’s externment order against two functionaries of the Social Democratic Party of India (SDPI). The court observed that expressing the opinion that the Babri Masjid in Ayodhya should not have been razed cannot be considered anti-national. Moreover, the court also questioned whether the petitioners were being singled out because of their religion.
“According to them, Babri Masjid should not have been demolished; that is their perception! How is it anti-national? That cannot be anti-national! That is their perception! “Everybody has got right,” the judge said, and the Bar and Bench reported.
Justice Madhav Jamdar said that the externment orders against the two persons following the FIRs arising out of protests appeared to be unsustainable in law.
“FIR is against all political parties, but these petitioners are singled out. Action can’t be taken selectively. Have you taken action against the political workers of the Congress party, against the Shiv Sena (Uddhav Balasaheb Thackeray) faction? Just because they belong to one religion, action is taken?” the judge said.
The police action came ahead of three FIRs, which were registered in 2024 and 2025. The FIRs came in connection with protests against the Waqf Amendment Bill, where people gathered to protest over pollution caused by cement godowns in the Chembur-Govandi area, and the demonstrations related to the Babri Masjid issue.
The petitioners Firoz Abdul Wahab Khan and Mohammad Rafiq Gulam Rasul Ansari challenged the Mumbai Police’s externment order against them, which barred them from Mumbai for one year.
Advocate Ibraheem Harbat, who appeared for the members, said that none of the arguments met the conditions under section 56 of the Maharashtra Police Act. He further highlighted that the law allows externment only when there is evidence that there is material to show likelihood of offenses that could endanger people or damage property.
Justice Jamdar during the hearing said that FIRs were merely referring to sloganeering and did not indicate any damage to persons or public property.
“According to them, Babri Masjid should not have been demolished; that is their perception! How is it anti-national? That cannot be anti-national! That is their perception! Everybody has got right,” the judge said.
