IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI th ON THE 6 OF JULY, 2023 WRIT PETITION No. 15451 of 2023 BETWEEN:-

MADHURI KRISHNASWAMI D/O LATE VICE AIR MARSHAL SHRI S. KRISHNASWAMI, AGED ABOUT 60 YEARS, R/O KSHRIPA COMPLEX TULSI NAGAR BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI BRIAN D'SILVA - SENIOR ADVOCATE WITH SHRI VARUN TANKHA - ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THRU. ITS CHIEF SECRETARY VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. STATE OF MADHYA PRADESH THROUGH ITS ADDITIONAL CHIEF SECRETARY (FOREST DEPARTMENT) VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

3. DISTRICT COLLECTOR, COLLECTORATE DISTRICT BURHANPUR (MADHYA PRADESH)

4. DISTRICT FOREST OFFICER, BURHANPUR DISTRICT BURHANPUR (MADHYA PRADESH)

5. SUPERINTENDENT OF POLICE, S.P. OFFICE DISTRICT BURHANPUR (MADHYA PRADESH)

6. MS BHAVYA MITTAL, COLLECTOR BURHANPUR (MADHYA PRADESH)

7. SHRI VIJAY SINGH DISTRICT FOREST OFFICER BURHANPUR (MADHYA PRADESH)

.....RESPONDENTS (NO.1 TO 5 BY SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE)

Signature Not Verified Signed by: SUDESH KUMAR This petition coming on for admission this day, the court passed the following:

ORDER

The instant petition filed under Article 226 of the Constitution of India is basically against a show cause notice issued to the petitioner on 16.05.2023 by respondent No.3 apprising her that in compliance to the requirement of Section 8(1) and 8(4) of M.P. Rajya Suraksha Adhiniyam, 1990 (for brevity "Adhiniyam, 1990") as to why the power enshrined under Section 5 of Adhiniyam, 1990 of externment shall not be exercised and the petitioner be not externed as it is recommended by the Divisional Forest Officer, Burhanpur in his recommendation showing that 21 cases relatable to forest offence have been registered against her.

Shri D'Silva, learned Senior Counsel appearing for the petitioner sanguinely submits that the show cause notice issued to the petitioner is nothing but a fallacy based on mala fide. He further submits that the petitioner being a Social Worker, made a complaint to the authorities about illicit felling of trees in the forest area of District Burhanpur apprising the authorities that the forest officers, especially respondent No.7, are involved in illicit felling of trees and on his complaint number of POR registered in the year 2022 onwards, in which, initially the name of petitioner was not mentioned as accused, but astoundingly later-on in all those PORs name of petitioner was included as accused inasmuch as the petitioner became eyesore for the forest officers especially respondent No.7 as she made complaints alleging that under the instructions of respondent No.7 such illegalities were being done in the forest area. Shri D'Silva tries to establish that though the notice was issued to the petitioner containing listicle chart of cases in which she is made accused, but according to him, the Signature Not Verified Signed by: SUDESH KUMAR petitioner is innocent and deliberately she has been targeted so as to clip her wings and mount pressure for not raising voice against illegality being committed by respondent No.7 hand-in-gloves with other forest officers and causing huge damage to the Nation. He further submits that even otherwise looking to the offences carved out in the show cause notice, the petitioner cannot be subjected to proceedings under the Adhiniyam, 1990, especially Section 5 cannot be invoked against her because such offences do not form basis for exercising power under Section 5(b). He also submits that the documents made appendage to the petition clearly reveal that gross illegalities are being committed by the forest officers in the forest area of District Burhanpur and in fact the petitioner clamoured by raising her voice to thwart such activities and made umpteen complaints to the police and higher officers of the forest department, but all ended in fiasco, conversely just to cover-up their wrongdoings, the petitioner is made scapegoat by issuing the impu