(1.) THIS writ petition is directed against the order dated 25. 2. 2008 passed by the District Magistrate / Collector in respect of extemment of the petitioner from district Narsinghpur and its adjoining districts chhindwara, Seoni, Jabalpur, Damoh, Sagar, Raisen and Hoshangabad for a period of one year under section 5 of the MP. Rajya Suraksha Adhiniyam, 1998, ( for short 'the State Security Act) and the order dated 13. 5. 2008 passed by the commissioner rejecting the appeal against the order of extemment.
(2.) THE petitioner is a resident of Gotegaon, district Narsinghpur. The superintendent of Police, Narsinghpur, vide memo dated 14. 9. 2005 had sent a report to the District Magistrate in respect of extemment of the petitioner for a period of one kear Tte statement of only one witness was recorded in pursuance to the report and that witness stated that he did not know anything about the petitioner. Thereafter, a show cause notice dated 3. 1. 2006 was issued which was replied by the petitioner on 14. 9. 2005. the Collector then passed the order of extemment dated 25. 2. 2008 which was challenged by the petitioner in appeal before the Commissioner and the commissioner by the order dated 13. 5. 2008 dismissed the appeal. Aggrieved with these orders the petitioner filed the present writ petition.
(3.) LEARNED counsel appearing for the petitioner submitted that the proceedings remained pending before the Collector for more than 2 years which shows that the extemment was not warranted and the order has been passed without proper application of mind. He further submitted that the order of extemment has been passed on the basis of old and stale cases in which the petitioner was already acquitted.