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Section 11: Procedure on failure of person to remove himself and frequently enter area

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1989
Section 10 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 establishes the coercive enforcement mechanism for executing externment orders, empowering the Special Court to direct the arrest and physical eviction in police custody of any person who fails to remove himself or re-enters unlawfully, while providing a framework for conditional temporary re-entry permits.

  • Coercive Arrest & Police Custody Eviction (Section 11(1)): If an externed individual fails to remove himself within the specified timeline or re-enters the prohibited zone without written judicial permission, the Special Court is empowered to cause him to be arrested and removed in police custody to a designated location outside the restricted area.
  • Judicial Power to Grant Temporary Re-Entry Permits (Section 11(2)): The Special Court may, upon an application showing sufficient cause (e.g., family bereavement, urgent medical treatment, court attendance), grant written permission to the externed person to return for a temporary period, subject to strict conditions and the execution of a bond with or without sureties.
  • Revocation of Permit & Ensuing Custodial Eviction (Section 11(3)-(4)): The Special Court possesses unfettered discretion to revoke the re-entry permit at any time. Upon expiration of the temporary permit or revocation thereof, the person must immediately leave the area, failing which immediate arrest and custodial eviction apply.
Key Landmark Precedents:
  • State of N.C.T. of Delhi v. Sanjeev (2005) 5 SCC 181: The Supreme Court ruled that statutory powers enforcing preventive removal must strictly follow statutory conditions, and any unauthorized breach or defiance justifies prompt administrative and custodial enforcement.
  • Gopinath v. State of Maharashtra 2007 (1) Bom CR (Cri) 914: Held that the power to grant temporary permission under externment statutes is discretionary and conditional. Breach of bond conditions or staying beyond the permitted period immediately strips the externed person of legal protection and justifies police removal.
  • State of Maharashtra v. Anant Ramchandra (1990) 2 SCC 419: Affirmed that judicial supervision over externment enforcement ensures that physical removal in police custody conforms to the rule of law and does not degenerate into arbitrary harassment.
Courtroom Practice & Strategic Litigation Guidance:

When an externed client faces an emergency (such as appearing as a witness, receiving hospital care, or attending a close relative's funeral), immediately file a formal application under Section 11(2) before the Special Court with supporting affidavits and evidence. Offer solvent local sureties and undertake not to visit the victim's locality. Never allow the client to re-enter without written permission, as unauthorized entry triggers both physical expulsion under Section 11(1) and a criminal prosecution under Section 13.

Section 10 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 12