A mere acquittal of criminal charges does not shield a person from externment proceedings unless supported by evidence of witness intimidation due to fear of harm.

ORDER :

VISHAL DHAGAT, J.

Petitioner has filed this petition under Article 226 of the Constitution of India challenging order of externment of petitioner passed by District Magistrate, Rewa dated 24.04.2024 by which petitioner has been externed from District Rewa, Mauganj, Sidhi, Singrauli, Satna and Maihar for period of one year.

2. Counsel appearing for petitioner submitted that order is contrary to law. Moment and activity of petitioner is not danger to person or property and nature of offence which is registered against petitioner is not of that serious nature. No offences has been registered under Chapter XII, XVI and XVII or under Section 506 and 509 of INDIAN PENAL CODE . There was no possibility of offences which is said to have been committed by petitioner to order of externment. There was no material to show that witnesses are not coming forward to give evidence in the case. Nine cases were registered against the petitioner and in most of the cases he has been acquitted. District Magistrate has committed an error in not taking into account the acquittal of petitioner. Mandatory provisions of M.P. Rajya Suraksha Adhiniyam, 1990 was ignored. In these circumstances, impugned order passed by District Magistrate dated 24.04.2024 which has been confirmed in appeal vide order dated 20.08.2024 be set aside.

3. Government Advocate appearing for State has submitted its reply. In its reply it has been stated that it is experience of administration that incident of crime against Scheduled Tribes and Scheduled Castes and women are on increase and they need protection against atrocities. Communal tension also tends to disturb peace loving citizens and same is to be taken care of. It is submitted that as per Section 19, sources of information is not to be disclosed. It is submitted that as per Section 10, any order passed under Section 3, 4, 5 and 6 shall not be called in question in any Court except on ground the District Magistrate had not followed the procedure laid down in Section 8 (1) of the Act of 1990 or there was no material before District Magistrate upon which he could have based his order and District Magistrate was not of opinion that witnesses were unwilling to come forward to give evidence in public against the petitioner. It is submitted that opportunity of hearing was provided to petitioner and notices were issued in accordance with Section 8 (1) of Act of 1990. Petitioner appeared before Collector and sought time to file reply. On 23.04.2024, petitioner submitted his reply through his advocate. Petitioner is having long history of criminal records since 2015 to 2024. Petitioner is repeatedly committing offences mentioned in Chapter XVI which are offences affecting human body and Chapter XVII against property. Taking into account District Magistrate considered entire facts of the case and thereafter passed impugned order exercising power conferred under Section 5(b) of M.P. Rajya Suraksha Adhiniyam, 1990. While exercising power, authorities are required to record reasonable reasons for removal of a person. District Magistrate has duly applied its mind. Mere acquittal of a person in criminal case is not a shield against the order of externment. Mere acquittal does not mean that externment proceedings cannot be initiated against the petitioner. In these circumstances, no interference is called for in the impugned order and petition be dismissed.

4. Heard the counsel for the parties and perused the impugned order passed by District Magistrate.

5. Acquittal of a person may result if evidence is not properly collected by prosecution or there is failure to prove it in Court. There may also be circumstances that witnesses are not coming forward to give evidence against a person or any other error in part of prosecution case which may result in acquittal of the accused. Merely acquittal of accused will not give him a shield to get full proof protection from order of externment. District Magistrate has various sources from which