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PRANAY VERMA
Javed Shah – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dated 21.3.2025 passed by the District Magistrate, Ujjain externing him for a period of one year with effect from the date of order from the revenue limits of Districts Ujjain and all contiguous Districts in exercise of powers under section 5(a) (b) of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred as the 'Adhiniyam'). The petitioner has also challenged the order dated 7.7.2025 (Annexure P/3) passed by the Commissioner, Ujjain Division, Ujjain, whereby his appeal preferred against the order dated 21.3.2025 under section 9 of the Adhiniyam has been dismissed.
2. The facts of the case show that on the basis of report of Superintendent of Police, District Ujjain dated 22.9.2023, a show cause notice for externment was issued to the petitioner by the District Magistrate under section 8(1) of the Adhiniyam. The petitioner filed his reply to the said notice after which the District Magistrate passed his order on 21.3.2025 which has been affirmed by the Commissioner by the impugned order.
3. It is submitted on behalf of the petitioner that the impu
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 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 requirement for a fresh externment order to consider an entirely different set of cases that did not constitute a part of the earlier proceedin....
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 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 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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