RISHI SARATHE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the order of District Magistrate dated 29.11.16 (Annexure P/3) whereby the said authority passed the order of externment against the petitioner by invoking section 5(b) of M.P. Rajya Suraksha Adhiniyam, 1990 ( for short the 'Adhiniyam'). The Challenge is also made to the order of appellate authority dated 2.3.1027 (Annexure P/5).

(2.) Briefly stated, the petitioner received a show cause notice issued by the district magistrate. He filed reply to the said show cause notice Annexure P/2. The respondent No.3 by order dated 29.11.16 passed an order of externment against the petitioner for a period of one year directing removal of the petitioner from district Hoshangabad and its nearby districts, namely, Harda, Balaghat, Chhindwara, Narsingpur, Sehore, Rajgarh and Bhopal.

(3.) Aggrieved, petitioner filed an appeal under section 9 of the Adhiniyam before respondent No.2. The main ground of appeal Annexure P/4 was that in most of the criminal cases mentioned in the order of district magistrate, the petitioner stood exonerated. Hence, the order of district magistrate is bad in law. The respondent No.2 by order dated 2.3.2017, dismissed the appeal and affirmed the order of the district magistrate.