IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA th ON THE 20 OF FEBRUARY, 2024 WRIT PETITION No. 3092 of 2024 BETWEEN:-

MANISH VERMA S/O GANGA BASHEN VERMA, AGED ABOUT 44 YEARS, OCCUPATION: PRIVATE JOB R/O WARD NO.06 CHITRA GUPT NAGAR, KOTWALI BALAGHAT (MADHYA PRADESH)

.....PETITIONER (BY SHRI ISHAN SONI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF HOME AFFAIRS VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COMMISSIONER JABALPUR DISTRICT JABALPUR (MADHYA PRADESH)

3. DISTRICT MAGISTRATE (COLLECTOR)

BALAGHAT DISTRICT BALAGHAT (MADHYA PRADESH)

4. SUPERINTENDENT OF POLICE JABALPUR DISTRICT JABALPUR (MADHYA PRADESH)

5. STATION HOUSE OFFICER POLICE STATION BALAGHAT KOTWALI DISTRICT BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI K.S. BAGHEL - GOVERNMENT ADVOCATE )

This petition coming on for admission this day, the court passed the following:

ORDER

This Petition under Article 226 of Constitution of India has been filed against recommendation made by Superintendent of Police, Balaghat on 25.09.2023 to District Magistrate, District Balaghat to initiate proceedings under Madhya Pradesh Rajya Suraksha Adhiniyam and notice dated 27.09.2023 issued by District Magistrate, Balaghat.

2. It is submitted by counsel for petitioner that earlier in the year 2006, an order of externment was passed under Section 5(a)(b) of Madhya Pradesh Rajya Suraksha Adhiniyam on the ground of alleged criminal history. The said order was challenged before this Court by filing W.P. No.144/2007 and the order of externment was stayed. Thereafter, another show cause notice dated 06.08.2008 was issued to petitioner for externment on the ground of pendency of criminal cases, which was challenged by petitioner by filing W.P. No.10090/2008 and effect and operation of said show cause notice was stayed by order dated 29.09.2008. Ultimately, writ petition was disposed of vide order dated 15.12.2011 being rendered infructuous. It is submitted by counsel for petitioner that petitioner enjoys a good reputation in the society and in the year 2014, he was also elected Councillor from Ward No.16, District Balaghat. It is further submitted that show cause notice has been issued on the basis of old and stale cases, which were already considered by the authorities while passing order of externment and issuing show cause notice under Madhya Pradesh Rajya Suraksha Adhiniyam on earlier occasions.

3. Considered the submissions made by counsel for petitioner.

4. The Superintendent of Police, Balaghat by his recommendation dated 25.09.2023 has given details of criminal history of petitioner. Multiple offences were registered against petitioner. Even if the offences, which were registered prior to 2008 are excluded, still it is clear that crime No.85/2009 was registered for offence under Sections 294, 427, 506-B of IPC, crime No.368/2011 was registered for offence under Sections 294, 506-B, 34 of IPC, crime No.369/2011 was registered for offence under Sections 186, 353, 294, 506 of IPC read with Section 3(1)(10) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in which petitioner has been convicted and has been sentenced to undergo Rigorous Imprisonment of 2 years with fine of Rs.3000/-. Thereafter crime No.370/2011 was registered for offence under Sections 294, 323, 324, 506, 34 of IPC, crime No.152/2015 was registered for offence under Sections 353, 332, 186, 323, 294, 506-B of IPC, crime No.192/2015 was registered for offence under Sections 294, 353, 448, 506 of IPC, crime No.435/2023 was registered for offence under Sections 25 and 27 of Arms Act and as per the Sanha No.131 of 08.09.2023 on account of certain misdeeds of petitioner, there was religious unrest in the society. Apart from that on four occasions i.e. on 2015, 2020, 2020 and 2022 preventive actions were taken against petitioner. Thus, it is clear that show cause notice in question has been issued on the basis of criminal c