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Showing contexts for: external in Bhim@Vipul vs Home Department on 14 September, 2015Matching Fragments
Parties through their counsel.
The petitioner before this court has filed this present petition being aggrieved by the order dated 28-04-2015 passed by the District Magistrate in exercise of powers conferred under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990. He is also aggrieved by the order passed in appeal by the Commissioner dated 23-06-2015.
The petitioner's contention is that a notice was issued by the competent authority in respect of externment of the petitioner and the petitioner did submit a reply to the notice dated 22-11-2014. He denied the allegations levelled against him and thereafter an order has been passed in respect of his externment.
In the present case, the petitioner was granted an opportunity of hearing and thereafter the impugned order has been passed. It is true that the petitioner has been acquitted in some of the cases. However, the judgments relied upon in the case of Ramgopal Raghuvanshi (supra) is of no help to the petitioner. In the aforesaid case, on the basis of the cases of the years 2004-2011, an order of externment was passed in the year 2014 and in those circumstances the order of externment was set-aside as it was based upon old and stale cases.
Learned counsel has also placed reliance upon a judgment passed by this court in the case of Ashok Kumar Patel (supra) and in the aforesaid case the order of externment was set aside.
This court has carefully gone through the judgment delivered in the case of Ashok Kumar Patel (supra) and the Division Bench of this court has held that in case the ingredients of section 5 are fulfilled, an order of externment can be passed. Paragraphs-5 to 14 of the aforesaid judgment reads as under :-
No costs."
In light of the aforesaid judgment, this court is of the considered opinion that there were a sufficient material available before the District Magistrate to pass an order of externment and the District Magistrate has rightly passed an order of externment, on the basis of material forwarded to the District Magistrate while externing the petitioner for a period of six months, the District Magistrate has granted an opportunity of hearing to the petitioner and after taking into account the factum of acquittal, the District Magistrate has thereafter passed the impugned order .