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ARUP KUMAR GOSWAMI, DEEPAK KUMAR TIWARI
Taukeeir Ahmed Khan S/o Late Salauddin Khan – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
Deepak Kumar Tiwari, J.
The Appellant has preferred this Appeal challenging the order dated 2.5.2022 passed by the learned Single Judge in WPCR No.78/2022, whereby the learned Single Judge has repelled/rejected the challenge made by the appellant to the externment order dated 1.9.2021 passed by the District Magistrate, Korba under Section 5(b) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (Henceforth ‘the Act’).
2. The Appellant had preferred a Writ Petition against the order dated 1.9.2021 passed by the District Magistrate, Korba restraining him to enter Korba city and other border districts for a period of one year, which was affirmed in Appeal by the State Government on 6.12.2021. The learned Single Judge has dismissed the writ petition by observing that ‘If the petitioner has to his credit the number of enlisted cases, then balancing the right of the public at large of Society to have free fearless atmosphere would be a prime factor which cannot be ignored as against the rights of the petitioner. Though it has been stated that the petitioner was acquitted of th
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
Old and stale cases cannot be considered for externment, and there must be a live link between the activities and the necessity of externment. Specific findings and the recording of reasons are essen....
Externment orders must be supported by objective evidence and must not violate the fundamental right to free movement; failure to comply with these requirements renders such orders invalid.
An externment order under the Maharashtra Police Act must be based on objective material demonstrating a live link between past actions and current threats, with proper verification of witness statem....
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
The order of externment must stand the test of reasonableness and should be based on objective material, and the court can interfere when there is no material or the relevant material has not been co....
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
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