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IN THE HIGH COURT OF MADHYA PRADESH AT J ABALPUR
Sanjeev Sachdeva, CJ, VINAY SARAF
Tushar @ Nandi @ Anand – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge to externment order based on past criminal records. (Para 1 , 3 , 5) |
| 2. arguments for the necessity of strong evidence in passing external restrictions. (Para 6 , 7 , 14) |
| 3. requirement of substantial evidence for externment. (Para 11 , 12 , 15) |
| 4. court's final decision quashing the externment order. (Para 16) |
ORDER :
Vinay Saraf, J.
1. By the present intra-court appeal, the appellant has assailed the order dated 02.04.2025 passed by the learned Single Judge in Writ Petition No.8689/2025; whereby the petition preferred by the appellant was dismissed and the order passed by the District Magistrate, Betul on 21.11.2024, affirmed by the Divisional Commissioner, Narsinghpur on 18.02.2025 was upheld.
2. With the consent of the parties, arguments were heard for the purpose of final disposal of the case as the period of impugned order is expiring on20.11.2025.
3. The short facts of the case are that Superintendent of Police, District Betul by application dated 22.03.2024 made a recommendation to the District Magistrate, District Betul for externment of the appellant under the provisions of Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as "Act
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 ruled that externment orders require substantial evidence and must not infringe on fundamental rights without clear justification.
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 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 that externment orders must satisfy the requirements of close proximity to the offense, objective consideration, and satisfaction of the District M....
Externment orders must be supported by objective evidence and must not violate the fundamental right to free movement; failure to comply with these requirements renders such orders invalid.
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 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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