The order of externment cannot be based on old and stale cases and must have close proximity to the date of the order. Sufficient material is required to support the order, considering the fundamental right of freedom of a person.

Vijay Kumar Shukla, J.

1. In the instant petition filed under Article 226 of the Constitution of India the legality and validity of the order of externment passed by the District Magistrate, Katni dated 04.01.2016 under the provisions of Section 5(a) and (b) of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 [hereinafter referred to as the Act 1990] and also the order passed by the Divisional Commissioner, Jabalpur, respondent No. 4 rejecting the appeal preferred by the petitioner.

2. The factual expose' adumbrated in a nutshell are that the Superintendent of Police, Katni submitted a report dated 29.01.2017 against the petitioner along with a list of 27 criminal cases registered against him, for initiation of externment proceeding under the provisions of Act 1990. A notice was issued to the petitioner of which he filed his reply stating that on the basis of the same list of cases registered against him, earlier also proceedings for externment was initiated vide Case No. 7/SSA/2015. In the said case the District Magistrate passed an order on 4-01-2016 and had ordered the petitioner to be externed from District Katni and its contiguous districts for a period of one month. It is also submitted that out of 20 cases, the petitioner has been acquitted in 14 cases and 5 cases are pending. In some cases fine has been imposed. It is further submitted that the proceedings under the Act 1990 are being initiated against the petitioner repeatedly at the instance of political persons.

3. It is further contended that the petitioner is District President of the Lok Tantrik Party and, therefore, in order to prevent him from participating in the meeting, an adroit attempt has been made to harm the petitioner. Learned counsel appearing for the petitioner also submitted that the Superintendent of Police, Katani has again submitted a report dated 29.10.2017 along with list of cases out of which 26 cases are common in the list which was submitted in the year 2015 and thereafter only one offence under section 151 of the Cr.P.C. 1973 has been instituted against him. It is assiduously urged by him that the order of externment has been in contrary to the provision envisaged under Section 5(a) and (b) of the Act 1990 and also runs counter to the judgment passed by this Court in Jahangeer Alvi vs. State of M.P. and Others, 2017 (3) MPLJ 667 and also Ashok Kumar Patel vs. State of M.P. and Others, 2009 (4) MPLJ 434.

4. Per contra, counsel for the State submitted that the impugned order has been passed taking into consideration the report of the Superintendent of Police. The petitioner was served a show cause notice and the District Magistrate has passed the order of externment after recording his satisfaction in accordance with law.

5. Before adverting to the contentions of the counsel for the petitioner as discussed earlier and examining them on the anvil of the law prevailing in the field of externment, it is apt to refer the provisions of the Adhiniyam, 1990. Section 5 of the Act under which the order of externment has been passed is quoted herein-below:-

"5. Removal of persons about to commit offence - whenever it appears to the District Magistrate:

(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property.

(b) that there are reasonably grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI, or XVII or under Section 506 or 509 of the Indian Penal Code, 1860 (45 of 1860) or in the abetment of any such offence, and when in the opinion of the District Magistrate witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property.

(c) that an ou