ARVIND SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India assails the order of externment dated 11.07.2012 (Annexure P/1), by which the Additional District Magistrate, Gwalior exercising the powers under Section 3 r/w Section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (for brevity "Adhiniyam of 1990") has externed the petitioner from District of Gwalior and its adjoining Districts,i.e., Bhind, Morena, Shivpuri and Datia for a period of one year with further challenge to the appellate order of the Commissioner, Revenue Division, Gwalior dated 30.10.2012 (Annexure P/2).

(2.) LEARNED counsel for the parties are finally heard and the matter is decided with the consent of both the parties at the motion stage.

(3.) PER contra, the counsel for State is unable to point out any provision under the Adhiniyam of 1990 which empowers the Additional District Magistrate to exercise the powers of externment provided under Section 3 r/w Section 5 of the Adhiniyam of 1990. The counsel is further unable to contend that the decision in the case of Ratichand (supra) does not hold the field any more.