Amit Mishra vs State of M.P. and Others

Rajendra Menon, J.—Challenging the externment proceedings initiated against the petitioner under the M.P. Rajya Suraksha Adhiniyam vide order Annexure P-3 dated 7.12.2012 and the order passed by the appellate authority dismissing the appeal of petitioner vide Annexure P-4 dated 12.2.2013, petitioner has filed this writ petition. Having heard learned counsel for the parties and on perusal of the record it is seen that in the show-cause notice was issued to petitioner by the Superintendent of Police vide Annexure P-1 dated 19.9.2011, 10 criminal cases involving the petitioner were indicated. Out of the 10 cases, indicated in the show-cause notice, cases from Sr. No. 1 to 9 pertains to period more than 1 1/2 years prior to the date of initiation of proceedings, the cases were of the year 2007 and 2008 and the case no. 9 was for an offence committed on 13.11.2009. That apart, another case which was indicated in the show-cause notice was of the year 2010 and this case was registered on 11.3.2010. It is, therefore, a case where the criminal antecedent of petitioner indicated in the show-cause notice are for a period 1 1/2 years prior to initiation of proceedings after 11.3.2010 and upto issuance of show-cause notice dated 19.9.2011 and till passing of the impugned order on 10.12.2012 there is no criminal activities of petitioner which goes to show that his continuation in the district was detrimental to public interest or security at large. That apart, the last case on which action was taken against petitioner was only for an offence u/s 506, 294 of IPC and that also pertains to entering the house of one Shri Yashwant Thawar and using unparliamentary words against him. There is no material available on record to show that the criminal antecedent or the activities of petitioner were such that it be detrimental for public safety or security and, therefore, removal of petitioner from the district in question was necessitated, action taken is not based on due consideration of the activities of petitioner and action is taken only with regard to criminal activities of the petitioner from 2007-2009. for such old and stale cases no action under the M.P. Rajya Suraksha Adhiniyam be taken.

Accordingly, finding action taken to be unsustainable, this petition is allowed. Orders impugned Annexure P-3 & P-4 are quashed. The petition is allowed and disposed of.