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 that must be satisfied for an order of externment to be valid.

ORDER :

Shailendra Shukla, J.

1. Being aggrieved with the order passed in Writ Petition No. 20525/2020 dated 15.2.2021, the present writ appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed. By way of relief the aforesaid order as well as the order dated 17.9.2020 passed by the District Magistrate and order dated 10.12.2020 passed by the Commissioner, Division Ujjain have been sought to be set aside in the facts of the case.

2. Succinctly speaking, the facts of the case are that the respondent No. 3, Superintendent of Police, Ujjain had approached the Collector under Section 5(a)(b) of M.P. Rajya Suraksha Adhiniyam for passing an order of externment against the appellant. The grounds of externment were served to the appellant on 29.11.2017. As per the said grounds, the appellant has been shown to be involved in criminal activities since 2010 in District Shajapur. The Collector, Shajapur (Respondent No. 2) vide order dated 17.9.2020 passed the order of externment against the appellant. As per this order, the appellant was externed from the boundaries of District Shajapur for a period of 6 months.

3. Learned counsel for the appellant submits that while passing the aforesaid order, the Collector had overlooked the reply and the documents filed by the appellant. The aforesaid order was challenged by the appellant before the Commissioner, Ujjain and Commissioner, Ujjain had dismissed the Appeal No. 142/0136/Appeal/20-2021 on 10.12.2020. The appeal was dismissed solely on the ground that the acquittal of the appellant is on the basis of compromise, which cannot be considered to be clean acquittal.

4. Learned counsel for the appellant has submitted that the externment proceedings were initiated after an inordinate delay of 2 years and 10 months and the very purpose of externment has been rendered vitiated. It is further submitted that while passing the impugned order the old cases have been considered but the result of the old cases has not been taken into account and order of externment after a period of 20 months is per-se illegal. It is further submitted that the Commissioner has observed that acquittal of the appellant was on account of lack of effort of prosecution, regarding which appellant had no control. Hence, it has been prayed that the appeal be allowed and aforesaid orders be set aside.

5. No written reply has been filed of this writ appeal.

6. Submissions were heard and material was perused.

7. Undisputedly the District Magistrate, Shajapur has passed the order of externment on 17.9.2020 on the basis of recommendation of Superintendent of Police, Shajapur dated 29.11.2017. In the aforesaid order it has been observed that criminal activities of the appellant has resulted in breach of communal harmony and peace and is causing distress to general public and people are reluctant to come forward to depose as witnesses and the peace and public order of the city has also been dented.

8. Learned counsel for the appellant has laid stress on the fact that there is an inordinate delay committed by respondent No. 3 in passing the order dated 17.9.2020. He has referred to an order of coordinate Bench in the case of Rajesh Singh Vs. State of M.P. and others passed in WP No. 12445/2019 dated 4.10.2019, Para-7 of which is of relevance and reads as under :-

"7. In view of the aforesaid, in the considered opinion of this Court, in the present case also the recommendation by the S.P. was made on 25.11.2016 and the notice to show cause was issued to the petitioner only on 24.09.2018 i.e. almost after a period of one year and 10 months and thereafter the final order was passed on 05/11/2018 i.e. after more than two years from the date of recommendation, thus, this Court has no hesitation to hold that the initiation of the externment proceeding was merely a ritual which has be