Back
VIJAY KUMAR SHUKLA
Dinesh Gupta – Appellant
Versus
Home Department Secretary Vallabh Bhawan – Respondent
ORDER
1. The present petition is filed under Article 226 of the Constitution of India challenging the order of externment dated 10.7.2023 passed by District Magistrate, Ujjain u/S.5 of M.P. Suraksha Adhiniyam, 1990 (hereinafter referred as Adhiniyam) whereby the petitioner has been externed for a period of one year from the date of order from the boundaries of district Ujjain and contagious districts. The said order was challenged in the appeal before the Commissioner and by order dated 8.9.2023, the appeal has also been dismissed.
2. The facts of the case are that the Superintendent of Police sent a request dated 13.10.2022 to the District Magistrate, Ujjain for initiation of proceedings of externment u/S.5-B of Adhiniyam, 1990. A show cause notice was issued against the petitioner on the basis of list of criminal cases sent by the Superintendent of Police. The petitioner filed reply to the said allegation and denied the allegations and submitted that out of 12 cases of the list he has already been acquitted in 10 cases and the other are proceedings of prohibitory nature for keeping the peace and tranquility. The cases on which the order of externment has been passed is old and stal
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.
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 timely and effective preventive action under Section 5(a)(b) of the M.P. Rajya Suraksha Adhiniyam, and the strict conditions th....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
