SHAIKH SALEEM Vs. PRINCIPAL CONTROLLER OF DEFENCE

JUDGEMENT

(1.) With consent of the learned counsel for the parties, matter is heard finally.

(2.) By order dated 08-02-2011, District Magistrate, Khandwa in exercise of his powers under section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (referred to as 'Adhiniyam, 1990') has externed the petitioner from district Khandwa and the adjoining districts of Burhanpur, Khargone, Dewas, Betul, Harda and Indore for a period of one year. Whereas, by order dated 13-04-2011, an appeal preferred by the petitioner under section 9 of Adhiniyam, 1990 has been dismissed by Commissioner, Indore Division, Indore. Proceeding against the petitioner under Adhiniyam, 1990 was initiated on the basis of report from Superintendent of Police, Khandwa on 16-09-2010 that, the petitioner has indulged in the criminal activities which are not conducive to peace and security and there is always apprehension of breach of peace and public order.

(3.) Show cause notice under section 8 (1) of the Adhiniyam, 1990 was issued to the petitioner calling upon him as to why he be not externed from Khandwa and adjoining districts because of the likelihood of breach of peace and tranquility because of the criminal cases registered against the petitioner under different sections of the Indian Penal Code. Vide Crime No. 171/10 offence under section 147, 323, 336, 427, 452, 506 I.P.C.; whereas, vide Crime No. 173/10 an offence under section 307,147, 148, 149, 323, 324 I.P.C. was registered. Besides, there were 4 Istgasa against the petitioner under section 107, 116 (3) Cr.P.C. 1973, and a report dated 09-09-2010. These cases cumulatively led the District Magistrate to record the satisfaction that petitioner's stay at Khandwa and adjacent districts would definitely cause breach to public peace and order. Accordingly, the order of externment was passed which was affirmed by the Appellate Authority.