The Process of Externment (Tadipaar) in Mumbai

The Process of Externment, also known as “Tadipaar” in Mumbai, is a legal process used by the police to extern certain criminals from their area to maintain peace and public safety. This is commonly used in Mumbai and the state of Maharashtra to describe people who are ordered to leave the jurisdiction for a particular period, those who are involved in habitual criminal activities and those who are described as habitual offenders.

The process of Externment became popular during the period 1980s and 1990s, a time when the Mumbai police department was facing challenges due to the rise of underworld gang violence, rioting and smuggling. Mumbai city was experiencing a period of lawlessness where gangsters, smugglers, and other criminals were frequently involved in violent activities, often disturbing public peace. These criminal groups caused fear and unrest, especially during public events like communal festivals like Mohhrram, Ganesh Utsav and Navratri, which were seen as periods of heightened risk.

To tackle these issues and to ensure peace and harmony are maintained, the Mumbai Police adopted the process of externment for hard-core criminals who don’t have a fear of law & order, the govt giving special powers to police officers under the Bombay Police Act. The Assistant Commissioner of Police (ACP) is appointed as an Executive Magistrate in a city like Mumbai, whereas the SDM has the power of Executive Magistrate in other parts of Maharashtra,

Notwithstanding, the ACP had the authority to take legal action against habitual offenders to prevent them from continuing their criminal activities in areas like Mumbai. The ACP, as an Executive Magistrate, had the responsibility to issue summons, initiate the proceeding and pass the orders for the externment of individuals who had repeatedly broken the law and disrupted public peace and harmony. These individuals were usually involved in activities like rioting, violence, or any kind of other offences that posed a threat to the safety and harmony of the community at large.

The Externment process was designed to deter criminals by removing them from the areas where they had influence or control over local goons. The goal was to stop these criminals from causing further harm to society and to reduce the chances of them inciting violence, especially during sensitive times like festivals, communal events, and elections.

The procedure of the Externment involved several steps. First, the ACP would review the cases of offenders who were repeatedly involved in criminal activities as per the records available in the local police station. Once a person was identified as a habitual offender, the ACP would summon them to appear before them. The individual would be asked to sign a bond, which was an agreement to refrain from committing further criminal activities for a specific period moreover for six months. The bond was a way of holding the person accountable and ensuring that he/they would not disturb public peace. If the offender violated the bond within six months, the ACP had the power to issue an externment order. This meant that the offender would be required to leave the jurisdiction outside Mumbai for two years. The idea behind this was that by removing the criminal from their usual surroundings, they would not be able to continue their illegal activities, and this would reduce the risk of further crimes and unrest in that area.

However, the Externment Process is a powerful tool for maintaining public peace; it also has a provision that allows offenders to challenge the order. If an individual did not agree with the externment order, they had the right to appeal. The first step in this process was to take the first appeal to the Deputy Commissioner of Police (DCP). If the DCP did not rule in favour of the offender, they could then appeal to the Principal Secretary of the Home Department. Finally, if the offender still believed the externment was unjust, they could take their case to the High Court, Bombay, where a legal review would be conducted to ensure that the externment was fair and justified, and the period of externment may be set aside or reduced from 2 years to whatever court feels appropriate.

The primary objective of the externment procedure was to maintain public peace and harmony in society. By eradicating hard-core habitual criminals from the community, the authorities primarily aim to prevent violence and disruptions, especially during important festivals, public gatherings, and elections. In this way, the police helped create a safer environment for the people of Mumbai, allowing them to celebrate festivals and engage in community activities without fear of violence or criminal interference.

The Externment process also served as a deterrent to other potential criminals. Knowing that there is a strong system in place to remove repeat offenders from their neighbourhoods made people think twice before engaging in criminal activities. It sent a clear message that the police authorities are committed to maintaining law and order, and those who tried to disturb the peace would face serious consequences.

In conclusion, the Externment Procedure (Tadipaar) is a significant tool in the law enforcement strategy used to maintain peace and order in Mumbai, especially during the 80s and 90s when the city was struggling with crime and violence. The practice showed how the police used legal powers to keep the community safe and protect citizens from the harm caused by criminals. Even though the use of externment may not be as common today, its importance in the city's history is undeniable, as it played a key role in ensuring a safer, more peaceful Mumbai city.