Order on Board

Per Ramesh Sinha, Chief Justice

10 .05.2024

1. Heard Mr. Amit Buxy, learned counsel appearing for the petitioner. Also heard Mr. Vinay Pandey, learned Deputy Advocate General appearing for the State/respondent.

2. Petitioner has preferred the instant petition under Article 226 of the Constitution of India challenging the order dated 27.03.2024 passed by the Respondent No.3 whereby an Externment order has been passed against the petitioner under Section 5 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 and he has been ousted/restrained to enter his home District of Jashpur or nearby order districts from 27.03.2024 to

26.09.2024 for a period of 6 months.

3. Mr. Amit Buxy, learned counsel for the petitioner submits that the impugned order passed by respondent No.3 is illegal and contrary to law. The order of externment is not an ordinary measure and must be restored to in extraordinary circumstances. The effect of the order of externment is of depriving a citizen of his fundamental right of free movement throughout the territory of India. Therefore, the instant petition deserves to be allowed.

4. On the other hand, Mr. Vinay Pandey, learned Deputy Advocate General appearing for the State states that the impugned order passed by respondent No.3 is in accordance with law and does not call for any interference by this Court. He further states that the petitioner has an alternate remedy under Section 9 of Chhattisgarh Rajya Suraksha Adhiniyam, 1990.

5. Heard learned counsel for the parties and perused the material placed on record.

6. Section 9 of Chhattisgarh Rajya Suraksha Adhiniyam, 1990 is as under:-

“(1) Any person aggrieved by an order under Section 3, 4, 5 or 6 made by the District Magistrate or any other officer specially empowered under Section 13 may appeal to the State Government within thirty days from the date of such order. Such appeal shall be decided as far as possible within a period of four months of the date of filing of the appeal.

(2) An appeal under this section shall be preferred in the form of a memorandum setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a certified copy thereof.

(3) On receipt of such appeal, the State Government may after giving a reasonable opportunity to the appellant to be heard either personally or by a legal practitioner and after such further inquiry, if any, as it may deem necessary confirm, vary or rescind the order appealed against :

Provided that the order appealed against shall remain in operation pending the disposal of the appeal, unless the State Government otherwise directs.

(4) In calculating the period of thirty days provided for an appeal under this Section, the time taken for granting a certified copy of the order appealed against shall be excluded.”

7. It transpires that the petitioner has challenged the order passed under Section 5 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 and further Section 9 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 provides that the any person aggrieved by an order under Section 3,4,5 or 6 made by the District Magistrate or any other officer specially empowered under Section 13 may appeal to the State Government within thirty days from the date of such order. Such appeal shall be decided as far as possible within a period of four months of the date of filing of the appeal.

8. In view of above, the petition is dismissed with liberty to the petitioner to avail the alternate remedy available to him.