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VIJAY KUMAR SHUKLA
Mahendra – Appellant
Versus
State of M. P. – Respondent
ORDER
1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order passed against him for externment under the MP Rajya Suraksha Adhiniyam, 1990 (for short Adhiniyam, 1990) by District Magistrate, Alirajpur and also the order passed by the Appellate Authority dismissing the appeal of the petitioner against the order of externment.
2. The facts of the case are that on the basis of report of Superintendent of Police, a show cause notice for externment was issued to the petitioner. The petitioner filed reply to the aforesaid show cause notice and submitted that the cases which are alleged to be registered against the petitioner are old and stale cases. In two cases, he has already been acquitted and two cases are of very petty nature in which small penalty has been imposed and rest cases are pending for trial.
3. Learned counsel for the petitioner submits that the order passed by the competent authority is contrary to the provisions of section 5(A) and 5(B) of the Adhiniyam, 1990 and the order is passed on the old and stale
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 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 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 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 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....
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