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VINAY SARAF
Shyamsunder Sen – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vinay Saraf, J.
1. The instant writ petition filed under Article 226 of the Constitution of India assailing the orders passed by the Collector/ District Magistrate District-Anuppur on 08.04.2024 under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 and the order passed by Commissioner, Shahdol Division Shahdol on 16.08.2024 rejecting the appeal of the petitioner against the order of externment.
2. With the consent of the parties, matter is heard finally.
3. Mr. Jai Shukla, Advocate appearing on behalf of petitioner submits that upon the report of Superintendent of Police, Anuppur dated 12.01.2024 Collector-cum-District Magistrate, Anuppuur registered a case under Section 001/externment/2024 against the petitioner under Sections 4, 5 and 6 of M.P. Rajya Suraksha Adhiniyyam, 1990. He further submits that a show-cause notice was issued to the petitioner on 14.02.2024, which was duly replied by the petitioner on 04.03.2024 when the petitioner submitted that he is not indulged in any criminal activity and thee report has been submitted by the Superintendent of Police on the basis of old cases. He further submits that earlier also the order was passed under the provis
The court ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
An externment order requires strict adherence to statutory criteria, demonstrating immediate danger or threat to public safety, which must be supported by adequate evidence.
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 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 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 requirement for a fresh externment order to consider an entirely different set of cases that did not constitute a part of the earlier proceedin....
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....
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