BHUPENDRA KISHORE VAISHNAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed writ petition under Article 226 of the Constitution of India challenging the order dtd. 24/3/2021 (Annexure P/1) passed by Additional Chief Secretary, Department of Home/respondent No. 2 by which appeal filed by the petitioner under Sec. 9 (1) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 (for short "the Adhiniyam, 1990") has been dismissed, affirming the order dtd. 7/12/2020 (Annexure P/2) passed by District Magistrate, Raigarh/ respondent No. 3 whereby externment of the petitioner for one year from Raigarh District has been ordered.

(2.) The brief facts, as projected by the petitioner, are that the petitioner is an Advocate and also works as a reporter. He has reported against malifide of coal mafia, gambling mafia, land mafia and also made some report against Ex-Minister and his brother. He has also made protest against present MLA in the year 2014. This act of the petitioner has annoyed the local administration, therefore, Superintendent of Police, Raigarh has sent a report on 29/12/2014 to District Magistrate, Raigarh for externment of the petitioner from Raigarh District alleging that the petitioner always remains in company of unsocial element and involved himself in the act of rioting assaulting, criminal intimidation, political and communal activities, which disturb peace and tranquility of the area. Such activities of the petitioner have become danger for maintenance of public order and on account of these activities the civilians are scared of the petitioner and fear to make report, which amounting to endanger to the law and order of the State, therefore, he may be externment from Raigarh.

(3.) Learned counsel for the petitioner would submit that in the complaint, list of five cases which were registered against the petitioner are as under:-