The Bombay High Court on Wednesday (July 29, 2026) quashed the externment order issued by the Mumbai Police against two Social Democratic Party of India (SDPI) functionaries. “Babri Masjid mosque should not have been demolished” is not an anti-national remark, and citizens have the right to hold such views, the court said.
A police externment order bans or expels an individual from a locality or district.
“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?” Justice Madhav Jamdar, who was hearing the petition, said.
The two petitioners, Firoz Abdul Wahab Khan and Mohammad Rafiq Gulam Rasul Ansari, have challenged the police orders banning them from Mumbai for one year from December 3, 2025. The order was issued on the basis of three FIRs that were registered in connection with the protests against the Waqf Bill in 2024 and 2025; air pollution caused by the Chembur-Govandi cement factory in the State capital; and the demolition of Babri Masjid.
“The externment order is applicable when there is material to show the likelihood of offences,” Ibraheem Harbat, lawyer, said.
The FIRs pertain to just sloganeering, with no harm to the public or property, Justice Jamdar said.
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 petitioner has denied any such links.
The externment order curbs the fundamental right to free movement and expression, the High Court said, directing the State to file an affidavit.
