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SUBODH ABHYANKAR
YATINDRA S/o NANDALAL VERMA – Appellant
Versus
HOME DEPARTMENT PRINCIPAL SECRETARY, BHOPAL – Respondent
ORDER : – The petitioner has filed the petition under Article 226 of the Constitution of India against the impugned order dated 21-4-2022 (Annexure P/6) passed by the respondent No. 2/Commissioner of Police, Indore Division, Indore, whereby the petitioner has been externed from the Districts of Indore and adjoining districts viz., Dewas, Dhar, Ujjain and Khargone under the provisions of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (herein after referred as “the Act”).
2. In brief, the facts of the case are that the petitioner is a resident of Indore to whom a show cause notice was issued by the respondent No. 2/Commissioner of Police, Indore Division, Indore on 16-3-2022, under section 8 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 enumerating 10 cases which were registered against him from 2006 to 2021 and also a prohibitory proceedings initiated against him in the year 2022.
3. The petition has been filed on many grounds including that the petition is maintainable despite availability of alternative remedy; the order has been passed beyond the show cause notice, the ord
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 ....
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....
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 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 need for careful application of the provisions of the Maharashtra Police act, 1951, and the importance of subjective satisfaction in externment....
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
The main legal point established in the judgment is the requirement of a live link between the alleged offences and the necessity to pass orders for externment, as well as the restriction on the auth....
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