Balmukund S/o Ramdevsingh Gautam vs. The District Magistrate & others

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 26650 of 2021, Judgment Date: Dec 30, 2021

Law laid down - 

1. M. P. Rajya Suraksha Adhiniyam, 1990- S.8. District Magistrate is not obliged to furnish the copies of all the cases registered against the petitioner and merely mentioning of the crime numbers along with the offences under which those cases have been registered would suffice for the purpose of proceedings under the Adhiniyam. It is for the petitioner to demonstrate that either those cases on which the respondents have relied upon have not been registered against him or their outcome was in his favour. Thus, the onus is on the petitioner to rebut the facts relied upon by learned District Magistrate. The decision in the case of Sanjay @ Oondar (supra) has not been referred to and discussed in the latest decision of Bhanu Ojha (supra) of the co-ordinate bench of this court at Gwalior and in such circumstances, with due respect, the subsequent decision of the Co-ordinate Bench at Gwalior has no precedential value, as has been observed by the Full Bench of this court in the case of Jabalpur Bus Operators Association vs. The State of M.P., 2003(4) JCR 325 MP = 2003 (1) JLJ 105. Thus, it is held that the decision rendered by the co-ordinate bench of this court at Gwalior in the case of Bhanu Ojha being per in curium and does not lay down the correct preposition of law as Sanjay @ Oondar (supra) still holds the field.

2. Copies of the statements of witnesses, who have been examined before learned District Magistrate should be supplied to the petitioner after ensuring that the identity of the witnesses is not revealed for his/her safety, so that the petitioner should have the information on the basis of which the order of externment is proposed to be passed against him. By providing the list of witnesses to the petitioner in an externment proceedings, would again mean jeopardizing the safety of the witnesses and would run contrary to the legislative intent of enacting s.5 of the Adhiniyam.

Balmukund S/o Ramdevsingh Gautam vs. The District Magistrate & others