ANWAR KHAN JILANI Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 02/02/2022 passed by Commissioner, Bhopal Division, Bhopal in Appeal No.169/Appeal/2021-22 and order dtd. 06/08/2021 passed by District Magistrate, Gwalior in Case No.4/Cr.P.C./2021, by which an order of externment has been passed against the petitioner.

(2.) It is submitted by the counsel for the petitioner that on 25/06/2021 a show cause notice was issued by the District Magistrate, Vidisha under Sec. 5 of Rajya Suraksha Adhiniyam calling upon the petitioner to explain as to why an order of externment may not be passed against him for a period of one year as the petitioner is involved in criminal activities, as a result, social atmosphere of the area is getting affected and the criminal cases registered against him and the preventive measures also could not control his criminal activities. Members of society are living under apprehension, which is adversely affecting the law and order situation as well as peace ad tranquility in the society. It appears that the petitioner did not respond to the show cause notice issued by the District Magistrate, Vidisha. From the impugned order dtd. 06/08/2021 passed by District Magistrate, Vidisha, it is clear that on 06/07/2021 and 12/07/2021, the petitioner sought time to file reply, but no reply was filed and accordingly, final order dtd. 06/08/2021 was passed by the District Magistrate, Vidisha after considering the criminal antecedents of the petitioner. Being aggrieved by the order passed by District Magistrate, the petitioner filed an appeal before the Court of Commissioner, Bhopal Division, Bhopal, which too has been dismissed by order dtd. 02/02/2022 (Annexure P/1).

(3.) Challenging the order passed by the authorities below, it is submitted by the counsel for the petitioner that the respondents have considered the stale and old cases for passing an order of externment against the petitioner. It is well established principle of law that old and stale cases cannot be taken into consideration as the order of externment adversely affects the life and liberty of a person, which cannot be curtailed except in accordance with law. It is submitted that the impugned order was passed by District Magistrate without supplying the necessary documents.