Back
G.S.AHLUWALIA
Rajjan Yadav – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-
“1. That, this Hon'ble Court may kindly be please to set aside the order of the Commissioner Jabalpur respondent no.1 dated 11.11.2020.
2. That, the Hon'ble Court may kindly be pleased to pass any other relieves in accordance with law.”
2. It is the case of the petitioner that an order of externment was passed on 6.11.2016 by the District Magistrate, Jabalpur, which was complied by the Petitioner. Thereafter, on 26.3.2018 the SP, Jabalpur vide his recommendation No. PA/Jabalpur/Reader/IJB/18/18 prayed the District Magistrate, Jabalpur to take action against the petitioner under section 5 of the M.P. Rajya Suraksha Adhiniyam.
3. By order dated 29.9.2018 the District Magistrate passed an order of externment thereby externing the petitioner from the limits of District of Jabalpur and other adjoining Districts, namely, Mandla, Dindori, Narsinghpur, Seoni, Katni, Damoh and Umaria for a period of one year. The petitioner preferred an appeal against the order dated 29.8.2018 before the Commissioner, Jabalpur, which was registered in case No.91/Externment/18, which was d
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....
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 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 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 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 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 importance of timely and effective preventive action in externment proceedings, as well as the conditions that must be satisfied for an order o....
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
