V.K.Shukla,J. - (1.)The present appeal is filed under Section 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam,2005, being aggrieved by the order dated 08-01-2020, passed by the learned Single Judge in W.P.No.23557/2019, whereby the learned Single Judge has dismissed the writ petition and the order of externment passed by the Collector/District Magistrate Bhopal and the order passed by the Appellate Authority Commissioner, Bhopal Division Bhopal have been affirmed.
(2.)The appellant/writ petitioner filed a writ petition under Article 226 of the Constitution of India, questioning the legality and validity of the orders dated 21-10-2019(Annexure P-1) and 19-09-2019(Annexure P-2) whereby the respondent No.3 in exercise of the powers conferred under Section 5 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (for brevity the 'Adhiniyam, 1990') directed the petitioner to be externed from District Bhopal and also adjoining districts for a period of six months and restrained his entry in those districts. The petitioner thereafter preferred an appeal, before respondent No.2, but that appeal was also dismissed vide order dated 21.10.2019 (Annexure-P-1).
(3.)The Superintendent of Police, Bhopal has submitted the recommendations on 24.04.2019 before the District Magistrate, Bhopal, asking him to exercise the powers provided under Section 5 of the Adhiniyam, 1990 against the petitioner because the petitioner has been involved in criminal activities since long and despite inflicting prohibitory orders against him, no improvement was noticed in his conduct and as such, he has created terror in the society. Witnesses are not coming forward to get their statement recorded against the petitioner as such, people are feeling insecure and also apprehending danger to their property. The District Magistrate thereafter taking note of the recommendations made by the Superintendent of Police, Bhopal, and further considering the long list of criminal cases registered against the petitioner, issued notice under Section 8 of the Adhiniyam, 1990 as to why the proceeding of externment be not exercised against him.