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NARENDRA KUMAR VYAS
Prakash Jotwani @ Goldi, S/o. Late Tirath Das Jotwani – Appellant
Versus
State of Chhattisgarh, through Secretary, Home Department – Respondent
ORDER :
1. The petitioner has filed the writ petition under Article 226 of the Constitution of India for quashing the order dated 09.07.2020 passed by District Magistrate, Uttar Bastar, Kanker (C.G.) in Misc. Criminal Case No. 01/2020 as also challenging rejection of objection raised by the petitioner about maintainability of proceeding under Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (for short "the Adhiniyam, 1990").
2. The brief facts, as projected by the petitioner, are that the petitioner is businessman, contractor & presently working as Mandal President of Bhartiya Janta Party and due to political influence of ruling party, the proceeding under the Adhiniyam, 1990 has been initiated against the petitioner.
3. Learned counsel for the petitioner would submit that a show cause notice under Sections 3, 5 & 6 of the Adhiniyam, 1990, has been issued by respondent No. 2/ District Magistrate, Uttar Bastar Kanker on the recommendation of respondent No. 3/ Superintendent of Police, Uttar Bastar, Kanker for externment of the petitioner from District- Kanker, wherein various criminal cases ha
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
The court upheld the powers of the District Magistrate to extern a person from a particular area/district or districts under section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, and found ....
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....
The main legal point established in the judgment is the requirement for timely and effective preventive action under Section 5(a)(b) of the M.P. Rajya Suraksha Adhiniyam, and the strict conditions th....
The central legal point established in the judgment is that for passing an order of externment under Madhya Pradesh Surksha Adhiniyam, 1990, both conditions mentioned under section 5(b)(i) and (ii) o....
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