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G. S. AHLUWALIA
ANWAR KHAN JILANI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This petition under Article 226 of the Constitution of India has been filed against the order dated 2-2-2022 passed by Commissioner, Bhopal Division, Bhopal in Appeal No. 169/Appeal/2021-22 and order dated 6-8-2021 passed by District Magistrate, Gwalior in Case No. 4/Cr.P.C./2021, by which an order of externment has been passed against the petitioner.
2. It is submitted by the counsel for the petitioner that on 25-6-2021 a show cause notice was issued by the District Magistrate, Vidisha under section 5 of Rajya Suraksha Adhiniyam calling upon the petitioner to explain as to why an order of externment may not be passed against him for a period of one year as the petitioner is involved in criminal activities, as a result, social atmosphere of the area is getting affected and the criminal cases registered against him and the preventive measures also could not control his criminal activities. Members of society are living under apprehension, which is adversely affecting the law and order situation as well as peace ad tranquility in the society. It appears that the petitioner did not respond to the show cause notice issued by the District Magistrate, Vidisha. From the impugned
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 highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
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.
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....
Externment orders under the Delhi Police Act can be justified based on habitual criminal behavior posing a danger to society, even if FIRs are not within a year of the order.
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....
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