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VIJAY KUMAR SHUKLA
Lacchu @ Laxman – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition is filed under article 226 of the Constitution of India, wherein the legality and validity of the order dated 20.7.2021 passed by the District Magistrate, Badwani under section 5 of MP Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as ‘the act,1990’) externing the petitioner from the boundaries of District Badwani and contiguous District i.e. Dhar, Jhabua, Alirajpur, Khandwa, Khargone, Bhuranpur and Indore for a period of one year. The petitioner has also challenged the order dated 22.12.2021 passed by the Commissioner, Indore dismissing the appeal under section 9 of the Act, 1990.
2. The facts adumbrated in nutshell are that on the basis of a report submitted by the Superintendent of Police, Badwani to the District Magistrate, Badwani to the effect that the petitioner is involved in criminal activities since 1992 and he has spread his terror to the local public the proceedings under the Act, 1990 were initiated by the respondent No.2 District Magistrate, Badwani. It is further alleged that the petitioner is involved in criminal activities
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 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 that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
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 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 ....
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