BALLI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India challenge is made to order dated 28/03/2014 (Annexure P/1) passed by District Magistrate, Gwalior modifying the order dated 31/10/2013 (Annexure P/2) passed by Additional District Magistrate, Gwalior.

(2.) FACTS necessary for disposal of this petition are to the effect that a report from the office of Police Superintendent, Gwalior alongwith reports of SHO, Police Station Karhiya and ASI, Police Station Karhiya was received by the District Magistrate that petitioner resident of area under police station Karhiya is involved in many a criminal activities of the nature of committing assault, hurling abuses, issuing threat to murder, causing terror and making tension in locality, in possession of illegal weapon etc. etc. Due to such anti social activities of the petitioner, there is tension in the area and general public is scared of his present. Details of various crimes registered against him were also communicated. A show cause notice was issued to the petitioner on 26/10/2013 under Section 8(1) of M.P. State Security Act, 1990 to show cause as to why in view of aforesaid crimes registered against the petitioner, he be not externed from district Gwalior and neighbouring districts Bhind, Datia, Morena and Shivpuri for a period of one year. Petitioner was also heard on dates fixed by the authority. Learned Additional District Magistrate, Gwalior after affording opportunity of hearing to the petitioner, reached the conclusion that there is no justification for issuing the order of externment in relation to the petitioner, though he has found that petitioner has been subjected to restrain orders in the past and during the period 1996 to 2012, 9 criminal cases were registered against him for the offences related to assault, hurling abuses, custody of illegal weapons, threat to people etc and S.P., Gwalior has recommended for issuing externment order against the petitioner looking to his activities in the area and tension of terror prevailing among the people of area, in order to restore peace and maintenance of law and order. However, the Additional District Magistrate has justified his order on the premise that after 2009 during the period of three years only one criminal case is registered against the petitioner vide Crime No. 50/12 and therefore, under such circumstances externment order cannot be passed against the petitioner.

(3.) LEARNED counsel for the petitioner vehemently argued that once Additional District Magistrate and District Magistrate have passed order finding no justification for externment of the petitioner for one year from District Gwalior and neighbouring districts, District Magistrate has fallen in error having put a condition on petitioner to mark his presence on 1st and 15th of every month in the concerned police station for a period of one year. The aforesaid unreasonable condition has been imposed on the petitioner in violation of his fundamental rights guaranteed under Article 14 and 21 of the Constitution of India.