ANIL TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) In this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 28/6/2022 (Annexure-P/8) passed by respondent No. 3 and order dtd. 1/7/2022 (Annexure-P/9) passed by respondent No.2 whereby the order regrading externment has been passed on the ground that subjective satisfaction regarding mandate of Sec. 5(a)(b) is not available and the petitioner has been externed and directed to remain out of the Revenue Districts i.e Damoh, Chhatarpur, Satna, Katni, Baanda and Chitrakut for a period of six months.

(3.) Learned counsel for the petitioner submits that he has availed the alternative remedy as available under Sec. 9 of the Madhya Pradesh Rajya Suraksha Adhiniyam by filing an appeal before the Commissioner which is still pending. The appeal was filed along with the application for grant of stay but the same has been rejected without considering his objections filed along with application. He further submitted that on earlier two occasions i.e on 20/11/2018 and 25/2/2022, same action was taken for externment against the petitioner where the Collector Katni had given a categorical finding that ingredients of Sec. 5 (a) (b) of the Madhya Pradesh Rajya Suraksha Adhiniyam are not available, therefore, the petitioner cannot be externed. Again on the same ground, the externment order has been passed. In view of the aforesaid, he prays for setting aside the impugned orders.