YUNA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by order of externment passed by the District Magistrate, Rajgarh dated 4.4.2019 under the provisions of M.P. Rajya Suraksha Adhiniyam, 1990. The petitioner is also aggrieved by the order passed by the appellate authority rejecting the appeal dated 13.8.2019.

(2.) The petitioner's contention is that Superintendent of Police has forwarded a report to the District Magistrate under Section 5 of the M.P. Rajya Suraksha Adhiniyam, 1990 for taking action against the petitioner and thereafter a notice was issued to the petitioner. The petitioner has categorically stated that the notice dated 30.3.2019 was never served to the petitioner. The petitioner was never granted any opportunity of hearing of any kind and behind the back of the petitioner, the impugned order has been passed externing the petitioner for a period of one year dated 4.4.2019, against which appeal was preferred and the same has been dismissed.

(3.) A reply has been filed in the matter and the respondents in Para-4 of their reply have admitted that notice was not served to the petitioner at all. It has been stated that on 30.3.2019 when attempt was made to serve the notice, the petitioner was not available in the house and in those circumstances a Farari Panchnama was prepared. Thus, the respondents themselves have admitted that notice of any kind was never served to the petitioner at any point of time. Section 5 and 8 of the M.P. Rajya Suraksha Adhiniyam, 1990 reads as under:-