Ravi Verma vs The State Of Madhya Pradesh on 24 February, 2026

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    Madhya Pradesh High Court

    Ravi Verma vs The State Of Madhya Pradesh on 24 February, 2026

    Author: Vishal Mishra

    Bench: Vishal Mishra

              NEUTRAL CITATION NO. 2026:MPHC-JBP:19492
    
    
    
    
                                                                   1                           WP-44179-2025
                                    IN     THE     HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                               BEFORE
                                                 HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 24th OF FEBRUARY, 2026
                                                      WRIT PETITION No. 44179 of 2025
                                                          RAVI VERMA
                                                             Versus
                                            THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                         Shri Deepesh Mahawar - Advocate for the petitioner.
                                         Shri V.S. Choudhary - Govt. Advocate for respondents/State.
    
                                                                       ORDER
    

    This petition is filed assailing the order dated 17.07.2025 passed by the
    respondent No.3-Collector/District Magistrate Khandwa (M.P.) whereby the
    petitioner has been externed from District Khandwa and its neighbouring
    districts for a period of one year in terms of Section 5(b) of the M.P. Rajya
    Suraksha Adhiniyam, 1990. He is further aggrieved by the order passed by
    the Commissioner Indore Division dated 31.10.2025 whereby appeal
    preferred by petitioner was dismissed.

    2. It is a case of the petitioner that in all five criminal cases were
    registered against him and out of which, in three cases, he has already been
    acquitted. These are (i) Crime No. 283 of 2013; (ii) Crime No. 238 of 2013
    and (iii) Crime No. 30 of 2019. The authorities have taken note of the
    aforesaid criminal cases while preparing the report which was forwarded to
    the District Magistrate Khandwa. It is argued that the opinion has been found

    SPONSORED

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18
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    2 WP-44179-2025
    based upon the old cases which are registered against the petitioner. There is
    only one case which is registered against the petitioner in the year 2025 for
    the offence under Sections 296, 115(2), 351(3) of BNS vide Crime No. 238
    of 2025 at Police Station Mundi District Khandwa. There is no material
    placed on record by the respondents-authorities to show that the alleged
    offences committed by the petitioner are having close proximity enabling the
    initiation of externment proceedings.

    3. Petitioner’s counsel has relied upon the order passed by the Division
    Bench of this Court in the case of Ashok Kumar Patel vs State of M.P. and
    others
    reported in (2009) 4 MPLJ 434 and the order passed in the case of
    Rajesh Nagpure vs State of M.P. and others : WP No. 22524 of 2024 decided
    on 14.10.2024 in support of his arguments. It is submitted that the

    recommendations made by the Superintendent of Police in the report that due
    to threat of the petitioner, none of the witnesses are coming forward to
    depose against him could not be made out as the names of any of witnesses
    are not mentioned in the report. It is argued that in terms of Section 5(b) of
    the M.P. Rajya Suraksha Adhiniyam, 1990, two conditions for passing of
    externment order are required to be satisfied. Since the conditions mentioned
    in Section 5(b) are not fulfilled; the externment order against the petitioner
    could not have been passed. It is further argued that old cases cannot be
    considered for the purpose of passing externment order because it is to be
    considered that commission of offence or abetment of such offence by a
    person must have a very close proximity to the date on which the order is
    proposed to be passed under Section 5(b) of the Adhiniyam, 1990. On these

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18
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    3 WP-44179-2025
    grounds, he has prayed for quashment of the impugned order.

    4. Counsel appearing for the respondents/State has filed reply to the
    petition supporting the impugned orders. It is contended that the petitioner
    was involved in various crimes such as fighting, assault, molestation, use of
    obscene language, threat to kill etc. and tends to disburse the peace-loving
    citizens; therefore, the action was required to be taken against him at
    appropriate time preventing its flare up in the wide area. Looking to the
    object and reasons of the M.P. Rajya Suraksha Adhiniyam, 1990, as some
    effective preventive action was required to be taken by the authorities, the
    impugned action is taken against the petitioner. The Superintendent of Police
    District Khandwa made recommendation dated 26.05.2025 to the District
    Magistrate Khandwa to initiate proceedings for externment against the
    petitioner in terms of Section 5 of the Adhiniyam, 1990. The District
    Magistrate issued a show cause notice on 27.05.2025 under Section 8(1) of
    the Adhiniyam, 1990 asking the petitioner to appear on 05.06.2025. The
    petitioner appeared and filed reply on 26.06.2025 and thereafter the
    impugned externment order passed. Full opportunity of hearing was granted
    to the petitioner prior to passing of the order. The petitioner is a habitual
    offender and is continuously engaged in commission of offences. The
    Superintendent of Police while recommending the case of the petitioner for
    initiation of externment proceedings considered five criminal cases
    registered against him as also one preventive measure taken against him
    under Section 110 of CrPC. The petitioner was found involved in criminal

    cases and found to be threat to the society at large. An attempt was made by

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18
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    the petitioner to disburse peace and create law and order situation. There is a
    threat of the petitioner in the entire society. It is submitted that the petitioner
    is a criminal mentality person and owing to threat of the petitioner, people
    are not coming forward to depose against him. Therefore, the argument
    advanced that there is no material with the authorities to show that the
    witnesses are coming forward to depose against the petitioner, is not
    available to him. Though the petitioner was granted acquittal in two cases
    and third case was settled in the Lok Adalat by the petitioner but that does
    not amount to clear acquittal. Looking to the conduct of the petitioner as well
    as his continuous involvement in criminal cases, the petitioner’s externment
    was in public interest and was required to be passed. The externment
    proceedings have been drawn against the petitioner on the basis of the
    offences committed under Sections 296, 115(2), 351(3) of BNS which are
    registered at Crime No. 238 of 2025. Previous cases were considered for the
    purpose of forming an opinion and to point out that the petitioner is a person
    of criminal mentality having a long criminal history. Therefore, the
    externment order is rightly passed by the authorities. The only requirement
    under the Adhiniyam, 1990 was to provide an opportunity of hearing to the
    petitioner prior to passing the externment order and the same was given. On
    these grounds, he has prayed for dismissal of writ petition.

    5. Heard learned counsels for the parties and perused the record.

    6. It is an admitted position that the recommendation of the
    Superintendent of Police was made on 26.05.2025 to the District Magistrate
    Khandwa regarding initiation of proceedings for externment against the

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18
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    5 WP-44179-2025
    petitioner in terms of Section 5 of the M.P. Rajya Suraksha Adhiniyam,
    1990. The Superintendent of Police while forming an opinion has taken note
    of five criminal cases against the petitioner at Police Station Mundi District
    Khandwa. They are : (i) Crime No. 283 of 2023; (ii) Crime No. 238 of 2017;

    (iii) Crime No. 30 of 2019; (iv) Crime No. 228 of 2024 and (v) Crime No.
    238 of 2025. One preventive proceeding initiated against him under Section
    110
    of CrPC was also taken note of. The Superintendent of Police District
    Khandwa has formed an opinion based upon the criminal cases registered
    against petitioner which is reflected from the document (Annexure R/1) filed
    by the respondents. Relevant portion of the recommendation of the
    Superintendent of Police is reproduced as under :

    उपरो वषय म लेख है , क अनावेदक र व पता गयाद न वमा जाित कहार उ
    35 साल िनवासी बीड थाना मूदं का ीमान के यायालय को वण का अिधकार
    ा है अनावेदक र व वमा लगभग 12 वष से अपरािधक गित विधय म संल न
    होकर े क जनता म डर भय व आतंक का वातावरण बना रखा है अनावेदक का
    समाज म इतना आतंक है क उसके व कोई भी रपोट करने व गवाह दे ने म
    डरते है अपराध उसक जीवन शैली बन गई है इसके साथ ह शराब पीना व पीलाकर
    मारपीट कर जान से मारने क धमक दे ने एवं चोर करने का आदतन अपराधी है
    आम लोगो से झगडा कर शांती भंग कर समाज म भय बनाता है जससे उसके
    व यायालय म चल रहे करणो म कोई गवाह न दे सके जससे उसके
    अपरािधक कृ य म सजा दलाये जाने से अिभयोजन को सफलता नह िमल पा
    रह है इसके व समय समय पर क गई ितबंधा मक कायवाह भी बेअसर रह
    है जला खंडवा संवेदनशील है यहा राजनैितक गित विधया हमेशा जार रहती है
    अनावेदक र व वमा थाना मूदं जला खंडवा क अपरािधक गित विधयो को दे खकर
    अ य छोटे मोटे अपराधी भी उसका अनुसरण करने लगते है । जससे समाज म लोक
    यव था व त होने क संभावना है ।

    अतः र व पता गयाद न वमा जाित कहार उ 35 साल िनवासी बीड क अपरािधक
    गित विधयो पर अंकुश लगाने हे तु समाज को शांितपूण वातावरण उपल ध कराने
    लोकशांती व यव था को कायम रखने, म हला अपराध क रोकथाम एवं चोर के
    अपराध के रोकथाम के िलये अनावेदक र व वमा के व म य दे श रा य सुर ा
    अिधिनयम 1990 क धारा 5 के अंतगत जला खंडवा, खरगोन, बडवानी, हरदा,
    बुरहानपुर, दे वास व इं दौर क राज व सीमाओ म वेश के िलये एक वष के िलये
    िनषेधा ा जार करने का क कर।

    7. From perusal of the aforesaid, it transpires that on the recommendation
    of Superintendent of Police, Khandwa, the District Magistrate Khandwa has
    passed the order of externment against the petitioner.

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18

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    8. The M.P. Rajya Surakasha Adhiniyam, 1990 has been enacted to
    provide for the security of the State, maintenance of public order and certain
    other matters connected therewith. Section 5 thereof under which the order
    of externment has been passed, is important and quoted hereinbelow –

    “5. Removal of persons about to commit offence. – Whenever it
    appears to the District Magistrate –

    (a) that the movements or acts of any person are causing or calculated
    to cause alarm, danger or harm to person or property; or

    (b) that there are reasonably grounds for believing that such person is
    engaged or is about to be engaged in the commission of an offence
    involving force or violence or an offence punishable under Chapter
    XII, XVI or XVII or under section 506 or 509 of the Penal Code, 1860
    or in the abetment of any such offence, and when in the opinion of the
    District Magistrate witnesses are not willing to come forward to give
    evidence in public against such person by reason of apprehension on
    their part as regards the safety of their person or property; or

    (c) that an outbreak of epidemic disease is likely to result from the
    continued residence of an immigrant; the District Magistrate, may by
    an order in writing duly served on him or by beat of drum or otherwise
    as the District Magistrate thinks fit, direct such person or immigrant –

    (a) so as to conduct himself as shall seem necessary in order to prevent
    violence and alarm or the outbreak or spread of such disease; or

    (b) to remove himself outside the district or any part thereof or such
    area and any district or districts or any part thereof, contiguous thereto
    by such route within such time as the District Magistrate may specify
    and not to enter or return to the said district or part thereof or such area
    and such contiguous districts, or part thereof, as the case may be, from
    which he was directed to remove himself.”

    9. From perusal of the aforesaid provision, it is apparently clear that there
    should be reasonable grounds for believing that such person is engaged or is
    about to be engaged in the commission of an offence as mentioned under
    Section 5(b) of the Adhiniyam, 1990. The order of externment has to be

    passed considering the close proximity of time when the offences are
    committed by the accused. The second aspect which is required to be
    considered is the opinion of the District Magistrate to the effect that the

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
    19:02:18
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    witnesses are not willing to come forward to give evidence in public against
    such person by reason of apprehension on their part as regards the safety of
    their person or property. These two conditions are required to be satisfied by
    the authorities prior to passing the externment order.

    10. The Hon’ble Supreme Court in the case of State of N.C.T. of
    Delhi v. Sanjeev
    alias Bittoo, reported in (2005) 5 SCC 181 had an occasion
    to deal with Section 47 of the Bombay Police Act, 1978, which contains
    provisions similar to Section 5 of the Act of 1990 and while referring these
    essential conditions for passing an order under section 47 of the Delhi Police
    Act which are also similar to the provisions of Section 5 of the Act of 1990,
    has held as under :

    Section 47 consists of two parts. First part relates to that satisfaction
    of the Commissioner of Police or any Authorised Officer reaching a
    conclusion that movement or act of any person are causing alarm and
    danger to person or property or that there are reasonable grounds for
    believing that such person is engaged or is about to be engaged in
    commission of enumerated offences or in the abetment of any such
    offence or is so desperate and dangerous as to render his being at large
    hazardous to the community. Opinion of the Concerned Officer has to
    be formed that witnesses are not willing to come forward in public to
    give evidence against such person by reason of apprehension on their
    part as regards safety of person or property. After these opinions are
    formed on the basis of materials forming foundation therefore the
    Commissioner can pass an order adopting any of the available options
    as provided in the provision itself. The three options are — (1) to direct
    such person to so conduct himself as deemed necessary in order to
    prevent violence and alarm or (2) to direct him to remove himself
    outside any part of Delhi or (3) to remove himself outside whole of
    Delhi.”

    11. From perusal of the aforesaid, if the facts of the present case are
    analyzed, it is seen that recommendation of Superintendent of Police is based
    upon five criminal cases which are registered against the petitioner. The
    Superintendent of Police was required to consider the aspect that the
    commission of offence or the abetment of such offence by the petitioner

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
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    should have a very close proximity to the date on which the order is
    proposed to be passed under Section 5(b) of the Adhiniyam, 1990. If a
    person was engaged in the commission of offence or in abetment of an
    offence of the type mentioned in Section 5(b), several years or several
    months’ back, there cannot be any reasonable ground for believing that the
    person is engaged or is about to be engaged in the commission of such
    offence. The offences which were committed by the petitioner and registered
    at Police Station Mundi District Khandwa were duly considered by the
    Superintendent of Police while sending recommendation to the District
    Khandwa for initiating externment proceedings against him. These are as
    follows :

                               Sl.No. Crime No.                 Offences under Sections
                                  1   283 of 2013               354, 354A, 294, 323 & 506 of IPC
                                  2   238 of 2017               294, 323, 506 & 34 of IPC
                                  3   30 of 2019                323, 506, 325 & 34 of IPC
                                  4   228 of 2024               379 of IPC
                                  5   238 of 2025               296,115(2), 351(3) of BNS
                                  6   Istgasha No. 89 of 2024   110 of CrPC
    
    

    12. From the aforesaid, it is clear that five criminal cases were registered
    against the petitioner and the sixth case relates to prohibitory proceedings
    initiated under Section 110 of CrPC. It is clear that one offence was
    registered in the year 2013; one in the year 2017; one in the year 2019, one
    in the year 2024 and one in the year 2025. Out of these five cases, the
    petitioner has been acquitted in Crime No. 283 of 2013 and in Crime No. 30
    of 2019, the matter has been settled on the basis of compromise arrived at
    between the parties in the Lok Adalat vide order dated 14.12.2024. The
    aforesaid cases could not have been considered by the Superintendent of

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
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    Police for forwarding the recommendations to initiate externment
    proceedings. The fourth case i.e. Crime No. 228 of 2024 was registered for
    offence under Section 379 of IPC and that could not be considered for the
    purpose of forming an opinion for externment of the petitioner as the same
    does not have any close proximity with the recommendation sent by the
    Superintendent of Police. The fifth case which was registered against the
    petitioner vide Crime No. 238 of 2025 for offence under Sections 296,
    115(2) and 351(3) of BNS on 24.05.2025 at Police Station Mundi District
    Khandwa is pending consideration before the concerning Court. From the
    perusal of the FIR which was registered against the petitioner in the year
    2025, it is seen that it is an individual act committed by him which does not
    have any impact upon the society at large. By individual act of the petitioner,
    he will be facing a criminal trial for the same but his individual act does not
    affect public peace; therefore, the externment proceedings could not have
    been passed based upon such case.

    13. The second condition which is required to be satisfied for passing of
    an order of externment against a person is the opinion of the District
    Magistrate. The District Magistrate has to opinion that witnesses are not
    willing to come forward to give evidence in public against such person by a
    reason of apprehension on their part as regards safety of person or property.
    The Hon’ble Supreme Court in the case of Gurbachan Singh vs State of
    Bombay
    , (1952) 1 SCC 683 while construing a pari materia provision with
    Section 27 of the City of Bombay Police Act, 1902 has observed as under :

    “The law is certainly an extra-ordinary one and has been made only to
    meet those exceptional cases where no witnesses for fear of violence to
    their person or property are willing to depose publicly against certain

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
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    bad characters whose presence in certain areas constitute a menace to
    the safety or the public residing therein.”

    14. In the light of the aforesaid, if the case of the petitioner is analyzed,
    then it is seen that the District Magistrate in the impugned order has baldly
    stated that the list of offences registered against the petitioner reflects that he
    is a habitual criminal and because of his fear and terror in public, nobody is
    coming forward to depose against the petitioner and the opinion was formed
    by the District Magistrate for externment. However, the fact remains that
    who are the witnesses who are not coming forward to depose against the
    petitioner or the witnesses of the criminal cases which are registered against
    the petitioner, whether they have approached the Court or in public to give
    their statements against the petitioner, is not reflected from the opinion of the
    District Magistrate.

    15. The Hon’ble Supreme Court in the case of State of N.C.T. of Delhi vs
    Sanjeev
    alias Bittu (supra) has held that it is not the sufficiency of material
    but the existence of material which is sine qua non for passing an externment
    order. The relevant is as under :

    “It is true that some material must exist but what is required is not an
    elaborate decision akin to a judgment. On the contrary, the order
    directing externment should show existence of some material
    warranting an order of externment. While dealing with question mere
    repetition of the provision would not be sufficient. Reference to be
    made to some material on record and if that is done the requirements of
    law are met. As noted above, it is not the sufficiency of material but the
    existence of material which is sine qua non.”

    16. The Hon’ble Supreme Court in the case of Pandharinath Shridhar
    Rangnekar v. Dy. Commissioner of Police, State of Maharashtra
    reported in
    (1973) 1 SCC 372 had an occasion to consider the similar issue and placing
    reliance upon the judgment in the case Gurbachan Singh vs State of Bombay,

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
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    has held that care must be taken to ensure that the terms of sections 56 and
    59 of the Bombay Police Act (which is in pari materia with the provisions of
    5 of the Adhiniyam) are strictly complied with and that the slender
    safeguards which those provisions offer are made available to the proposed
    externee.

    17. The Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 imposes
    serious restrictions on the fundamental right to freedom under Article 19(1)
    of the Constitution of India as well as right to personal liberty in terms of
    Article 21 of the Constitution of India. Until and unless the conditions
    mentioned under Section 5(b) of the Adhiniyam, 1990 are strictly satisfied,
    an order of externment could not have been passed by the authorities. The
    Division Bench of this Court in the case of Ashok Kumar Patel vs State of
    M.P.
    (supra) had an occasion to deal with the similar issue and it is held as
    under :

    “Unless the conditions mentioned under section 5(b) of the M.P. Rajya
    Suraksha Adhiniyam, 1990 are strictly satisfied, an order of
    externment, will have to be quashed by the Court. The two conditions,
    for passing an order of externment against a person, to be satisfied are:

    (i) There are reasonable grounds for believing that a person is engaged
    or is about to be engaged in commission of an offence involving force
    or violence or an offence punishable under Chapter XII, XVI or XVII
    or under section 506 or 509 of the Penal Code, 1860 or in the abetment
    of any such offence; and

    (ii) In the opinion of the District Magistrate, witnesses are not willing
    to come forward to give evidence in public against such person by
    reason of apprehension on their part as regards the safety of their
    person or property.

    In the instant case, the District Magistrate has in the impugned order
    only baldly stated that the list of offences registered against the
    petitioner reflects that he is a daring habitual criminal and because of
    this there is fear and terror in the public and has not recorded any clear
    opinion on the basis of materials, that in his opinion witnesses are not
    willing to come forward to give evidence in public against such person
    by a reason of apprehension on their part as regards safety of their
    person or property. Hence, in the absence of any existence of material
    to show that witnesses are not coming forward by a reason of

    Signature Not Verified
    Signed by: VINOD
    VISHWAKARMA
    Signing time: 17-03-2026
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    12 WP-44179-2025
    apprehension to danger to their person or property to give evidence
    against the petitioner in respect of the alleged offences, an order under
    section 5(b) of the Act of 1990 cannot be passed by the District
    Magistrate by merely repeating the language of section 5(b) of the Act
    of 1990. The two conditions for an order of externment stated in
    section 5(b) of the Act of 1990 do not exist in this case and the order
    passed by the District Magistrate and the appellate order of the
    Commissioner are liable to be quashed.

    18. The coordinate Bench of this Court in the case of Rajesh Nagpure vs
    State of M.P. and others
    : WP No. 22524 of 2024 decided on 14.10.2024 has
    observed as under :

    12. If the facts of present case are considered, then it is clear that six
    criminal cases for offence under Sections 323, 294, 506, 34 of IPC
    were registered against the petitioner. One offence was registered in
    the year 2012, one was registered in the year 2018, two were registered
    in the year 2020, one was registered in the year 2022 and the last one
    was registered in the year 2023. The recommendation for initiating
    proceedings under Section 5 of M.P. Rajya Suraksha Adhiniyam was
    sent by Superintendent of Police, Balaghat on 17/10/2023.

    13. It is well established principle of law that the criminal history must
    have close proximity with the proceedings under Section 5 of
    M.P. Rajya Suraksha Adhiniyam. By no stretch of imagination, it can
    be said that offences registered against the petitioner in the year 2012,
    2018, 2020 had any close proximity with the recommendation sent by
    the Superintendent of Police, Balaghat for initiating proceedings under
    Section 5 of M.P. Rajya Suraksha Adhiniyam.

    14. So far as the offences under Sections 294, 323, 506, 34 of IPC are
    concerned, the same are trivial in nature. No offence of any nature
    except under Sections 294, 323, 506, 34 of IPC was ever registered
    against the petitioner. There is nothing on record that in which case the
    witnesses had not appeared before the Court on account of pressure/
    terror of the petitioner. Old and stale cases cannot be taken into
    consideration.

    ..

    17. If the facts and circumstances of this case are tested on the anvil of
    judgment passed by Supreme Court in the case of Deepak (supra) as
    well as judgments passed by Co-ordinate Bench of this Court in the
    cases of Gangaram (supra) and Meena Sonkar (supra), it is clear that
    old and stale cases have been taken into consideration. Another two
    offences which were registered in the year 2022 & 2023 are trivial in
    nature. There is no material on record to suggest that witnesses were
    afraid of the petitioner and were not willing to come forward to depose
    against him. Kamal Singh Gehlot, SHO Police Station Gramin

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    13 WP-44179-2025
    Navegaon in his statement had stated that petitioner has been convicted
    in some of the trials which clearly means that witnesses were not afraid
    of the petitioner and they were deposing against him. Furthermore, it is
    clear from the statement of SHO Police Station Gramin Navegaon,
    District Balaghat that the very purpose of initiating proceedings under
    Section 5 of M.P. Rajya Suraksha Adhiniyam was to keep the
    petitioner away from election proceedings.

    19. The coordinate Bench of this Court in the case of Gangaram vs
    Commissioner, Indore Division
    , reported in 2021 SCC OnLine MP 6019 had
    an occasion to deal with the object and reasons of the Adhiniyam and
    considering the judgments passed by the Hon’ble Supreme Court has held as
    under :

    10. It is also not disputed that in the show cause notice, reference of
    only one case was made, which was registered on 24-9-2018; and the
    show cause notice was issued on 11-9-2020 i.e. after almost two years
    of the registration of the offence, whereas the impugned order has been
    passed by the District Magistrate, Burhanpur on 7-12-2020. Thus, it is
    apparent that not only that the impugned order has been passed after
    two years of the case registered against the petitioner, but it also
    contained reference of one more case registered against the petitioner
    on 14-10-2020. This Court in the case of Sudeep Patel v. State of M.P.,
    (2018) 3 MP LJ 413 passed in M.P. No. 904/2017 on 9-1-2018 has
    already held that the purpose of initiation of extemment proceedings is
    to restrain a person from committing another offence in the near future
    and in such circumstances the order of extemment must be passed
    within the close proximity of the offences committed by the petitioner.

    The relevant paras of the same are reads as under:–

    “8. In the considered opinion of this Court, the learned District
    Magistrate while passing the impugned order was oblivious of the
    statement of object and reasons of Madhya Pradesh Rajya Suraksha
    Adhiniyam, 1990 which provides as under:

    “STATEMENT OF OBJECT AND REASONS
    For want of adequate enabling provisions in existing laws for taking
    effective preventive action to counteract activities of anti-social
    elements Government have been handicapped to maintain law and
    order. In order to take timely and effective preventive action it is felt
    that the Government should be armed with adequate power to nip the
    trouble in the bud so that peace, tranquility and orderly Government
    may not be endangered.

    (2) xxx xxx xxx

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    14 WP-44179-2025
    (3) xxx xxx xxx
    (4) xxx xxx xxx”

    9. Even according to section 3 of the Adhiniyam of 1990 which is in
    respect of power to make restriction order, it is for preventing any
    person from acting prejudicial to the maintenance of the public order.
    Thus the sole purpose of the Adhiniyam of 1990 is to act timely and
    effectively to initiate preventive action against a wrongdoer, which
    object, in the considered opinion of this Court has been totally lost
    sight of while passing the impugned order. As is already observed that
    the show cause notice was issued on 11-6-2015, the reply was filed by
    the petitioner on 14-7-2015 and thereafter the final order was passed by
    the District Magistrate after recording the statements of various police
    personnel on 23-5-2017, whereas the District Magistrate ought to have
    proceeded with the matter expeditiously without affording any undue
    adjournments to either of the parties and passed the order within a
    reasonable time but the matter was kept pending for almost two years.
    In such circumstances, although no period of limitation is provided in
    the Adhiniyam, but still, the order should have been passed by the
    District Magistrate within a reasonable time frame. The order in itself
    was passed by the District Magistrate within a period of around two
    years and during this entire period the petitioner was roaming around
    freely and there is no allegation that during this period also he
    committed any offense, thus the application of the provisions of
    Adhiniyam appears to be totally redundant.

    10. The District Magistrates, exercising their powers under the
    Adhiniyam must understand that it is not a mere formality which they
    have to perform before passing the order of externment under the
    Adhiniyam which directly affects a person’s life and liberty guaranteed
    under Article 19(1)(d) of the Constitution of India. This Court is of the
    opinion that in a way, the preventive detention is akin to the provisions
    of externment under the Adhiniyam for both these measures are
    preventive in nature and are enacted with a view to provide safe
    environment to the public at large. The only difference being that in
    case of preventive detention, the threat is imminent and serious
    whereas in case of extemment, its degree is somewhat obtuse and
    mollified and is not as serious as it is in the case of preventive
    detention. The necessity to pass an order of preventive detention has
    been emphasized by the Apex Court in the case of State of
    Maharashtra v. Bhaurao Punjabrao Gawande
    , (2008) 3 SCC 613 which
    is equally applicable to the cases of extemment. The relevant paras of
    the same read as under:–

    “Preventive detention : Meaning and concept

    32. There is no authoritative definition of “preventive detention” either
    in the Constitution or in any other statute. The expression, however, is

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    15 WP-44179-2025
    used in contradistinction to the word “punitive”. It is not a punitive or
    penal provision but is in the nature of preventive action or
    precautionary measure. The primary object of preventive detention is
    not to punish a person for having done something but to intercept him
    before he does it. To put it differently, it is not a penalty for past
    activities of an individual but is intended to pre-empt the person from
    indulging in future activities sought to be prohibited by a relevant law
    and with a view to preventing him from doing harm in future.

    33. In Haradhan Saha v. State of W.B. explaining the concept of
    preventive detention, the Constitution Bench of this Court, speaking
    through Ray, C.J. stated :

    “19. The essential concept of preventive detention is that the detention
    of a person is not to punish him for something he has done but to
    prevent him from doing it. The basis of detention is die satisfaction of
    the executive of a reasonable probability of the likelihood of the detenu
    acting in a manner similar to his past acts and preventing him by
    detention from doing the same. A criminal conviction on the other
    hand is for an act already done which can only be possible by a trial
    and legal evidence. There is no parallel between prosecution in a Court
    of law and a detention order under the Act. One is a punitive action and
    the other is a preventive act. In one case a person is punished on proof
    of his guilt and the standard is proof beyond reasonable doubt whereas
    in preventive detention a man is prevented from doing something
    which it is necessary for reasons mentioned in section 3 of the Act to
    prevent.”

    34. In another leading decision in Khudiram Das v. State of W.B . this
    Court stated :

    “8. … The power of detention is clearly a preventive measure. It does
    not partake in any manner of the nature of punishment. It is taken by
    way of precaution to prevent mischief to the community. Since every
    preventive measure is based on the principle that a person should be
    prevented from doing something which, if left free and unfettered, it is
    reasonably probable he would do, it must necessarily proceed in all
    cases, to some extent, on suspicion or anticipation as distinct from
    proof. Patanjali Sastri, C.J. pointed out in State of Madras v. V.G. Row
    that preventive detention is ‘largely precautionary and based on
    suspicion’ and to these observations may be added the following words
    uttered by the learned Chief Justice in that case with reference to the
    observations of Lord Finlay in R. v. Halliday, namely, that ‘the Court
    was the least appropriate tribunal to investigate into circumstances of
    suspicion on which such anticipatory action must be largely based’.
    This being the nature of the proceeding, it is impossible to conceive
    how it can possibly be regarded as capable of objective assessment.
    The matters which have to be considered by the detaining authority are

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    whether the person concerned, having regard to his past conduct
    judged in the light of the surrounding circumstances and other relevant
    material, would be likely to act in a prejudicial manner as contemplated
    in any of sub-clauses (i), (ii) and (iii) of Clause (1) of sub-section (1) of
    section 3, and if so, whether it is necessary to detain him with a view to
    preventing him from so acting …”

    35. Recently, in Naresh Kumar Goyal v. Union of India the Court said :

    “8. It is trite law that an order of detention is not a curative or
    reformative or punitive action, but a preventive action, avowed object
    of which being to prevent the anti-social and subversive elements from
    imperiling the welfare of the country or the security of the nation or
    from disturbing the public tranquility or from indulging in smuggling
    activities or from engaging in illicit traffic in narcotic drugs and
    psychotropic substances, etc. Preventive detention is devised to afford
    protection to society. The authorities on the subject have consistently
    taken the view that preventive detention is devised to afford protection
    to society. The object is not to punish a man for having done
    something but to intercept before he does it, and to prevent him from
    doing so. It, therefore, becomes imperative on the part of the detaining
    authority as well as the executing authority to be very vigilant and keep
    their eyes skinned but not to turn a blind eye in securing the detenu and
    executing the detention order because any indifferent attitude on the
    part of the detaining authority or executing authority will defeat the
    very purpose of preventive action and turn the detention order as a dead
    letter and frustrate the entire proceedings. Inordinate delay, for which
    no adequate explanation is furnished, led to the assumption that the live
    and proximate link between the grounds of detention and the purpose
    of detention is snapped. (See P.U. Iqbal v. Union of India, Ashok
    Kumar v. Delhi Admn
    .
    and Bhawarlal Ganeshmalji v. State of T.N.)”

    11. Thus, testing the validity of the impugned order on the anvil of the
    principles so laid down by the Apex Court, it becomes manifestly clear
    that the order is flawed and cannot be sustained as there is an
    inordinate delay in passing the impugned order, which has led to loose
    its effectiveness.”

    20. Again, in the case of Meena Sonkar vs State of M.P., reported in
    (2017) 2 MP LJ 565, this Court relying upon the judgment passed by the
    Division Bench of this Court in the case of Ashok Kumar Patel (supra) has
    held as under :

    16. Division Bench of this Court in the case of Ashok Kumar Patel v.

    State of M.P., 2009 (4) M.P.L.J. 434 after considering section 5 of the
    Act held thus: “8. The expression is engaged or is about to be

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    17 WP-44179-2025
    engaged” in the commission of offence involving force or violence or
    an offence punishable under Chapter XII, XVI or XVII or under
    section 506 or 509 of the Penal Code, 1860 or in the abetment of any
    such offence, shows that the commission of the offence or the abetment
    of such offence by the person must have a very close proximity to the
    date on which the order is proposed to be passed under section 5(b) of
    the Act of 1990. Hence, if a person was engaged in the commission of
    offence or in abetment of an offence of the type mentioned in section
    5(b)
    , several years or several months back, there cannot be any
    reasonable ground for believing that the person is engaged or is about
    to be engaged in the commission of such offence.”

    21. If the aforesaid principles are applied to the facts and circumstances
    of the present case, it is clear that old and stale cases have been taken into
    consideration by the authorities for forming an opinion to pass the
    externment order against the petitoiner. There is no material placed on record
    to suggest that who are the witnesses who are not coming forward to depose
    against the petitioner. There was no concrete material to show that witnesses
    in pending criminal cases were refusing to testify in court due to
    apprehension of harm. Further, there was no recent incident of violence or
    grave threat close to the date of the externment order that could demonstrate
    an immediate and ongoing risk to public order or property. The order of
    externment cannot be justified merely on the basis of old, stale and largely
    minor cases. There must be a live link between the person’s current conduct
    and the perceived threat to society.

    22. Considering the overall facts and circumstances of the case and in the
    backdrop of the settled legal proposition enunciated in the aforesaid cases, it
    can safely be concluded that the conditions as contained in Section 5(b) of
    the M.P. Rajya Suraksha Adhiniyam, 1990 are not complied with by the
    respondents-authorities. Therefore, the impugned order of externment dated
    17.07.2025 becomes unsustainable. The aforesaid aspect has not been

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    18 WP-44179-2025
    considered by the appellate authority. Hence, the order passed by the
    Commissioner Indore Division Indore dated 31.10.2025 affirming the
    externment order passed by the District Magistrate Khandwa is also
    unsustainable. Both the orders dated 17.07.2025 (Annexure P/1) and
    31.10.2025 (Annexure P/2) are quashed.

    23. Consequently, the petition is allowed and disposed of finally. No
    order as to costs.

    (VISHAL MISHRA)
    JUDGE

    VV

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