LAWS(CHH)-2022-5-103

TAUKEEIR AHMED KHAN Vs. STATE OF CHHATTISGARH

Decided On May 02, 2022
Taukeeir Ahmed Khan Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The instant petition is against the order dtd. 1/9/2021 passed by the District Magistrate, Korba whereby the externment/restriction order was passed against the petitioner to enter Korba and other border districts for a period of one year, which was affirmed in appeal by the State on 6/12/2021 (Annexure P-2).

(2.) Learned counsel for the petitioner would submit that the order of externment was passed against the petitioner on the ground that 7 cases under IPC are to the credit of the petitioner, however, the authority acting under the Chattisgarh Rajya Suraksha Adhiniyam 1990 (4 of 1991) failed to take into account that the petitioner was already acquitted in those cases. It is stated that only on the basis of single complaint made in 2021 by one Krishna Swami, Sr.Manager of Feed-back Power, communication was made by the Superintendent of Police to the District Magistrate and on that sole ground the D.M. has exercised the power u/s 5(b) of the Act 1990.

(3.) Learned counsel for the petitioner submits that all the orders of acquittal would show that the petitioner's conduct was fair and as such, the order of externment should not have been passed only on surmises that too on the ground which was not existing before the District Magistrate. He placed reliance in Krishna Datt Upadhyay Versus State of Chhattisgarh 2003 SCC OnLine Chh 73 and contends that the order of externment takes away the rights of the petitioner under Articles 14, 19 & 21 of the Constitution.