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ATUL SREEDHARAN
Ram Lakhan Yadav – Appellant
Versus
State of M. P. – Respondent
ORDER :
Atul Sreedharan, J.
1. The present petition has been filed by the petitioner herein who is aggrieved by the order dated 11.11.2020 passed by the Commissioner, Jabalpur whereby he upheld the order of the District Magistrate dated 28.7.2020, whereby the Collector had externed the petitioner from Jabalpur District and other adjoining districts for a period of one year. The brief facts of the case are as follows.
2. On 6.11.2016, the petitioner was externed by the District Magistrate, Jabalpur for a period of six months. The said order was challenged in appeal. The same was confirmed by the Commissioner, Jabalpur. Thereafter, on 23.6.2018, the Superintendent of Police, Jabalpur forwarded an application to the District Magistrate, Jabalpur for proceeding against the petitioner under the provisions of Madhya Pradesh Rajya Suraksha Avam Lok Vyavastha Adhiniyam, 1990. It was registered as case No. 6/2018 and 16 cases pending against the petitioner were tendered along with application by the Superintendent of Police. Vide order dated 29.9.2018, the Collector Jabalpur passed an order of externment against the petitioner for a period of one year, vide order dated 29.9.2018. The said orde
The main legal point established in the judgment is the requirement for a fresh externment order to consider an entirely different set of cases that did not constitute a part of the earlier proceedin....
The legal principle established is that for an externment order to be valid, the person's engagement in criminal activities must have close proximity to the date of the order, and witnesses must be u....
The main legal point established in the judgment is that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
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....
The main legal point established in the judgment is the importance of timely and effective preventive action in externment proceedings, as well as the conditions that must be satisfied for an order o....
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
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