JAVED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing of the impugned order dtd. 8/8/2022 (Annexure P/5) passed in case No.0080/APPEAL/22 by the respondent no.3 affirming the order passed by the District Magistrate, Bhopal dtd. 12/4/2022 whereby the order of externment has been passed against the petitioner directing him not to enter in the area of District Bhopal and its adjoining Districts Vidisha, Sehore, Rajgarh, Raisen and Narmadapuram for a period of six months.

(2.) The facts as have been unfolded in the writ petition are that the name of the petitioner was continuously involved in the criminal activities since the year 1994 and is in the habit of creating terror amongst general public. The Superintendent of Police (Northern Region) District Bhopal submitted a proposal to the District Magistrate, Bhopal about criminal activities of the petitioner. The police authorities have enumerated details of chain of criminal offences alleged to have been committed by the petitioner from the year 1994 to 2021 and has requested for externment order to be passed against the petitioner in exercise of the powers under Ss. 3 to 5 of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred to as 'the Adhiniyam, 1990').

(3.) The District Magistrate then issued a show cause notice dtd. 21/12/2021 to the petitioner to show cause why proceedings of externment should not be initiated against him.