RAMJILAL Vs. STATE OF MP & OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India assails the order of externment dated 14.11.2013 passed by District Magistrate, Shivpuri contained in Annexure P/2 under Section 5 of the M.P. Rajya Suaksha Adhiniyam, 1990 (for brevity "Adhiniyam of 1990") externing the petitioner for one year from District of Shivpuri and the contiguous Districts of Sheopur, Gwalior, Guna, Ashoknagar, Morena and Datia. The challenge is further laid to the appellate order dated 24.02.2014 (Annexure P/1) passed by the Commissioner, Gwalior Division, Gwalior affirming the said order of externment.

(2.) Learned counsel for rival parties are heard.

(3.) Learned counsel for petitioner contends that the impugned order of externment is perverse as it is unsupported by any material to establish that the petitioner is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapters XII, XVI or XVII or u/Ss. 506 or 509 of the Indian Penal Code or in abetment of any such offence. It is further contented that 9 cases, which are alleged to be the foundation of the impugned order mentioned in table contained therein have all ended in acquittal except the case bearing Crime No.304/2012 alleging offences punishable u/Ss.327, 294, 323, 506 r/w S. 34 of the Indian Penal Code registered at Police Station Mudiya, District Gwalior. It is also submitted that despite the fact of the petitioner having been acquitted of all the offences except one, having been brought to the notice of the competent authority, the petitioner has been presumed to be a person liable to be externed u/S. 5 (b) of Adhiniyam of 1990 by wrongly holding his actions to be prejudicial to public order.