MAHENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order passed against him for externment under the MP Rajya Suraksha Adhiniyam, 1990 (for short Adhiniyam, 1990) by District Magistrate, Alirajpur and also the order passed by the Appellate Authority dismissing the appeal of the petitioner against the order of externment.

(2.) The facts of the case are that on the basis of report of Superintendent of Police, a show cause notice for externment was issued to the petitioner. The petitioner filed reply to the aforesaid show cause notice and submitted that the cases which are alleged to be registered against the petitioner are old and stale cases. In two cases, he has already been acquitted and two cases are of very petty nature in which small penalty has been imposed and rest cases are pending for trial.

(3.) Learned counsel for the petitioner submits that the order passed by the competent authority is contrary to the provisions of sec. 5(A) and 5(B) of the Adhiniyam, 1990 and the order is passed on the old and stale cases. There is no objective consideration by the competent authority. The order is contrary to the law laid down by the Division Bench of this Court in the case of Ashok Kumar Vs. State of MP reported in 2009(4) MPLJ 434 and the other judgments decided in the case of Chandra Pakash @ Tinku Pandey Vs. State of MP reported in 2022(1) MPLJ 556, Meena Sonkar Vs. State of MP reported in 2017(2) MPLJ 565 and Vinod Vs. State of MP reported in 2016 (2) MPLJ 650 and also the judgment passed in the case of Lacchu @ Laxman Vs. State of MP reported in 2022 (2) MPLJ 362. He further relied on a recent judgment by the Apex Court in the case of Deepak Vs. State of MP reported in AIR 2022 SC 1241 while considering the para-materia provision of Maharashtra Police Act, the Apex Court held that the order of externment restraining the accused from entering a particular area infringes his fundamental right guaranteed under Article 19(1)(d) of the Constitution of India. Hence, restriction imposed by order of externment must stand test of reasonableness.