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SAN SOUMYA RANJAN DALAI In the instant petition, a challenge has been made to the order dated Date: 2022.09.06 15:43:32 IST 29.10.2021 passed by the District Magistrate, Alirajpur whereby the petitioner was externed from the District Alirajpur and its adjoining districts of Madhya Pradesh, Gujarat and Maharashtra for the period of one year. The said order was challenged before the Commissioner and the appeal filed by the petitioner has been partly allowed and the order of externment in respect of adjoining districts for the other States have been quashed and the order regarding externment from the District-Alirajpur has been maintained.

The facts of the case are that on 26.10.2021, a report was prepared by the Superintendent of Police, District Alirajpur against the petitioner alleging that since 2009, the petitioner is involved in various criminal activities and several criminal cases. It is also alleged that the petitioner is doing said activities, which are against the maintenance of law and order and, therefore, the proceedings for externment be drawn against the petitioner. On the basis of the aforesaid, a show cause notice under Section 8(1) of M.P. Rajya Suraksha Adhiniyam, 1990 (hereinafter referred as Adhiniyam) was issued to the petitioner. Reply was filed by the petitioner before the Collector, Dist. Alirajpur against the show-cause notice. By the impugned order, the petitioner was externed from the District Alirajpur and its adjoining districts of Madhya Pradesh, Gujarat and Maharashtra for the period of one year. Being aggrieved by the order of externment, the petitioner preferred a writ petition W.P. No.25198/2021 before this Court. The said petition was disposed off by this Court by order dated 06.12.2021 on the ground of availability of alternative and efficacious remedy of appeal under Section 9 of M.P. Rajya Suraksha Adhiniyam, 1990. Thereafter the petitioner preferred an appeal before the Commissioner, Indore which has been partly allowed by the impugned order whereby the part of the order by SAN SOUMYA RANJAN DALAI Date: 2022.09.06 15:43:32 IST which the petitioner was externed from the District of Gujurat and Maharashtra was set aside and the order in respect of externment for District Alirajpur was maintained.

Learned counsel for the petitioner further submits that the order of externment has been passed without compliance of provision of section 5-B of the Act, 1990. It is argued that the District Magistrate has not recorded his satisfaction that the witnesses are not willing to come forward to give evidence in public due to apprehension of their safety and therefore, the order of externment is bad in law. In support of his submission, he places reliance of the judgment of Division Bench in the case of Ashok Kumar Patel Vs. State of MP and Ors reported in 2009 (4) MPLJ 434 and also the judgment passed by the co-ordinate bench in the case of Meena Sonkar Vs. State of MP and Ors reported in 2017 (2) MPLJ 565 and in the case of Jahangeer Alvi Vs State of MP and Ors reported in 2017 (3) MPLJ 667 and also the judgment in the case of Istfaq Mohammad Vs. State of MP and Ors reported in 2018 (3) MPLJ 349.

used in Section 5(b)(i) shows that commission of offence or the abetment of such offence by the person must have close proximity to the date on which the order is proposed to be passed under Section 5(b) of the Act. 12. In the case of Sanju @ Sanjay Ben Vs. State of M.P. and others, 2005 (4) MPHT 102 while considering the provisions of the Adhiniyam, 1990, the court held that the provision is not punitive in its nature and a person cannot be externed for his past acts. Although past activities of a person may afford a guide as to his behaviour in future, they must be reviewed in the context of the time when the order is proposed to be made. The past activities must be 7 related to the situation existing at the moment when the order is to be passed. In the present case from the facts it is noted that the same cases were being repeatedly considered by the authority and on earlier occasions, he found that the same material cannot formed a basis for passing an order of externment but by the impugned order is passed on the basis of most of the same cases which are old SOUMYA RANJAN DALAI Date: 2022.09.06 15:43:32 IST and stale which has already been held by this Court in number of cases as discussed above that the old and stale activities cannot be grounds of externment.