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2017 Supreme(MP) 426

VIJAY KUMAR SHUKLA
Meera Sonkar – Appellant
Versus
State Of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Sankalp Kochar, Learned Counsel
For the Respondents:Smt. D.K. Bohrey, Learned Government Advocate with Shri Ashutosh Tiwari, Learned Panel Lawyer

ORDER :

Vijay Kumar Shukla, J.

1. In this petition under Article 226 of the Constitution of India the legality and validity of the orders dated 7/12/2016 passed by respondent no.2 and 29/09/2016 passed by respondent no.3 have been challenged by the mother of the respondent no.6 whereby the respondent no.6 has been externed in terms of the provisions of section 5 (a) and (b) of the M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter shall be referred as "the Adhiniyam" in short) and the respondent no.6 has been prohibited from entering in District Jabalpur and surrounding District Seoni, Mandla, Dindori, Damoh, Katni and Narsinghpur for a period of one year.

2. While assailing the legality and validity of the impugned orders, counsel for the petitioner put-forth the following submissions:-

(a) That the order of externment has been passed in abuse of the powers conferred u/s 5 (a) of the Adhiniyam as on the basis of almost same material, on earlier three occasions, the authority had instituted the proceedings for externment and the authority did not find sufficient material to pass an o





















































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