KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) ON receipt of a report from the Superintendent of Police, Sagar, case was registered by the District Magistrate, Sagar under the provisions of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (herein after referred to as 'Act') for removal of the petitioner from the area concerned. Allegations were made in the report that there were cases registered against the petitioner right from the year 1994 and his presence in the area was creating disturbance in maintaining law and order. It was alleged that the petitioner was threatening the persons, was acting in unsocial manner and, therefore, his removal was necessary. Upon receipt of the said report, a show cause notice was issued to the petitioner. From the record it is averred that despite service of the show cause notice, no response was filed by the petitioner.

(2.) THE District Magistrate thereafter conducted an enquiry, recorded the statements of certain witnesses, obtained certain reports from the police and reached to the conclusion that petitioner was one, who was liable to be removed from the area under the provisions of Section 5(b) 2 of the Act and passed the order of externment on 11.04.2014. The petitioner preferred an appeal against the said order before the Commissioner, Sagar Division, Sagar, which too has been dismissed on 28.07.2014. Hence this writ petition is required to be filed.

(3.) AFTER hearing learned Counsel for the parties at length and perusal of the record, the fact is clear that respondent District Magistrate has not recorded his categorical findings about the satisfaction that there were chances of commission of offences mentioned under sub -section (b) of Section 5 of the Act. There is no recording of reason that because of the threats extended by the petitioner, the witnesses were not coming forward to give evidence against the petitioner in offences registered against him. That being so, the power under sub -section (b) of Section 5 of the Act was not to be exercised by the respondent District Magistrate.