ASAF ALI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY filing this petition under Articles 226 and 227 of the Constitution of India the petitioner has challenged the order dated 12.9.2005 passed by the second respondent District Magistrate Rewa externing the petitioner from districts of Rewa, Satna, Sidhi, Shahdol, Umaria and Anuppur for a period of one year and the appellate order dated 24.10.2005 passed by the third respondent Commissioner, Rewa by which his appeal has been dismissed.

(2.) THE petitioner was served with a show cause notice dated 8.8.2005 issued by the second respondent under section 8 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (for short 'Adhiniyam'), mentioning the reasons for proposed order to be passed against him. The petitioner submitted his reply on affidavit denying and explaining the allegations levelled against him. After giving opportunity of hearing to the petitioner the second respondent held that the petitioner is liable to be externed and consequently passed the order of externment. Feeling aggrieved the petitioner filed an appeal under section 9 of the Adhiniyam before the third respondent. The third respondent by order dated 24.10.2005 dismissed the petitioner's appeal No. 480/04 -05. Feeling aggrieved the petitioner has filed this petition.

(3.) THE respondents contend that from the contents of show cause notice and the report of the Superintendent of Police it is clear that the action proposed against the petitioner was under section 5 (b) as well as under 6 (c) of the Adhiniyam. They also contend that the second respondent after going through the entire material available against the petitioner and after considering his reply has rightly passed the impugned order of externment, which is not liable for any interference in this petition.