ASLAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner being aggrieved by the order dtd. 30/9/2022 (Annexure P/1) passed by the Commissioner, Indore Division, Indore, affirming the order dtd. 5/8/2022 (Annexure P/2) passed by the Commissioner of Police, District Indore, whereby he has been externed from the local limits of District Indore, Ujjain, Dewas, Dhar and Khargone for a period of 6 months in exercise of powers under Sec. 5(a)(b) of M.P. Rajya Suraksha Adhiniyam, 1990 (for short 'the Adhiniyam') and has been directed to notify his movements during the said period.

(2.) The facts of the case are that on 14/6/2022 the Deputy Commissioner of Police, Zone No.2, District Indore submitted a report to the Commissioner of Police, District Indore against the petitioner stating that since the year 1999 he has been involved in criminal activities and has been committing hooliganism, marpeet, abuses, illegal extraction of money, illegal gambling etc. and has been encroaching upon land, has been keeping illegal fire arms and has been inflicting assault dangerous to life hence he ought to be externed. On the report the Commissioner of Police registered a case and issued a show cause notice to the petitioner. The petitioner filed his detailed reply to the same refuting all the allegations levelled against him. Thereafter statements of witnesses were recorded and the petitioner also advanced his oral arguments.

(3.) Eventually by order dtd. 5/8/2022 the Commissioner of Police observed that the petitioner has been involved in criminal activities from the year 1999 up to 2022 and total 21 cases have been registered against him. Though he has been acquitted in 11 cases but in 6 cases he has been convicted and fine has been imposed upon him. Four cases against him are still pending in the Court. Prohibitory proceedings have also been initiated against the petitioner on 17 occasions. It is hence apparent that the petitioner is a habitual criminal and it cannot be said that proceedings have been initiated against him by the Police falsely. Consequently, he held that there is sufficient material against the petitioner and witnesses are not coming forward to give evidence against him. He is a criminal minded person and his presence has endangered public peace and order. He hence directed for externment of the petitioner as aforesaid. The aforesaid order has been maintained in appeal having been preferred by the petitioner by the Divisional Commissioner, Indore Division, Indore by the impugned order dtd. 30/9/2022.