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VIJAY KUMAR SHUKLA
Kamru @ Kamal Singh – Appellant
Versus
Home Department Through Principle Secretary Home Department – Respondent
JUDGMENT
1. With the consent of the parties, the matter is heard finally.
2. This is a petition filed under Article 226 of the Constitution of India challenging the order of externment dated 23.03.2022, whereby, the petitioner has been externed from entering in the District of Alirajpur as well as near district namely Jhabua, Dhar, Badwani and some other districts of Gujrat for six months.
3. Being aggrieved by the said order, the petitioner preferred an appeal under section 9 of the MP Rajya Suraksha Adhiniyam, 1990 (for short Adhiniyam, 1990) before the respondent no.2.
4 .The said appeal has been partly allowed and the order of externment has been set aside to the extent of districts belonging to the other states but the remaining part of the order has been affirmed.
5. The facts of the case are that on the basis of report of Superintendent of Police, Alirajpur, a show cause notice for externment was issued to the petitioner. The petitioner filed the reply to the said notice and thereafter, the District Magistrate passed the order of externment on 23.03.2022, which has been partl
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 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 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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