ANIL Vs. STATE OF M.P.

JUDGEMENT

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

(2.) By this petition preferred under Art. 226 of the Constitution of India petitioner has challenged the order dated 22.03.2021 passed by the Commissioner, Ujjain Division, Ujjain whereby he has dismissed the appeal preferred by the petitioner against the order dated 02.12.2020 passed by the District Magistrate, District Shajapur directing for externment of the petitioner from the limits of District Shajapur and nearby Districts namely Dewas, Ujjain, Agar Malwa, Rajgarh and Sehore for a period of six months in exercise of powers under Sec. 5(a)(b) of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter preferred to as "the Adhiniyam, 1990").

(3.) The facts of the case are that Superintendent of Police, District Shajapur, by letter dated dated 12.11.2017 requested the District Magistrate, District Shajapur to initiate externment proceedings against the petitioner for being involved in criminal activities as he was creating panic and was causing terror resultant to which no witnesses were coming forward to depose against him. It was requested that the petitioner be externed under Sec. 5(a)(b) of the Adhiniyam, 1990. The District Magistrate, District Shajapur issued show cause notice to the petitioner under Sec. 8 of the Adhiniyam, 1990. The petitioner submitted his reply along with affidavit in his support refuting the allegations of being involved in criminal activities and submitted that in most of the cases registered against him he has either been acquitted or the matter has been compromised. However, the submission of the petitioner did not find support from the District Magistrate and externment order was passed against him for a period of six months. The appeal against this order has also been dismissed by the impugned order dated 22.03.2021.