DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has called in question, order dtd. 6/7/2021 (Annexure P/2) passed by the District Magistrate, Shahdol, whereby, in exercise of power under Sec. 5, 6 and 7 of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (for short, hereinafter referred to as the "Act of 1990") externment of the petitioner from District Shahdol, Sidhi, Satna, Umaria and Anuppur for a period of one year has been directed. The order dtd. 6/7/2021 was assailed by the petitioner in an appeal under Sec. 9 of the Act of 1990 before the Commissioner, Shahdol who has also dismissed the same on 16/11/2021 (Annexure P/1) and hence, the petitioner in the instant petition.

(2.) The case of the petitioner is that he was served with the show cause notice dtd. 20/3/2020 which is available at Page No.34 of the reply filed by the State to show cause as to why an action for externment of the petitioner should not be taken. Thereafter, because of Covid-19 Pandemic, the matter could not be proceeded. However, the petitioner was served with another show cause notice dtd. 2/3/2021 to which the petitioner has submitted his reply dtd. 6/7/2021. According to him, all cases mentioned in the show cause notice were old and stale cases. There were no serious charges against the petitioner and more importantly for last about one year, there was not a single case registered against him.

(3.) Learned counsel for the petitioner submits that without considering the reply or giving any opportunity of hearing, some witnesses appears to have been examined behind his back. He submits that taking into consideration the law laid down by this Court in various cases, the order of externment deserves to be set aside. He places reliance on the decision of this Court in the matter of Ashok Kumar Patel V. State of M.P., 2009 (4) MPLJ 434. Sanju @ Sanjay Ben V. State of M.P. And Ors., 2005 (4) MPHT 102. Kala V. State of M.P., 2004 (4) MPLJ 234. Raghuwanshi V. State of M.P., 2014 (4) MPLJ 654. Pappu V. State of M.P., (2007) 3 MPLJ 115. Dharmendra Singh V. State of M.P., (2007) 2 MPLJ 108. Meena Sonkar V. State of M.P., (2017) 2 MPLJ 565 and Chandra Prakash @ Tinku Pandey Vs. The State of M.P. and others, W.P.No.11825/2021(order dtd. 18/11/2021).