Madhya Pradesh Rajya Suraksha Adhiniyam, 1990: ss. 3, 4, 5, 6, 13 and 18 – Power of externment – Competence of Additional District Magistrate – Held: Scheme of the Adhiniyam contemplates exercise of power of District Magistrate u/s. 3, 4, 5 and 6 by Additional District Magistrate or Sub-Divisional Magistrate – Hence, Additional District Magistrate is competent to pass the externment order.
Allowing the appeals, the Court
HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision, which prohibits passing an order by an officer lower than the rank of District Magistrate, rather under Section 13, there is no limitation on the State Government while specially empowering an officer of the State to exercise the power of District Magistrate under Sections 3, 4, 5 and 6 and further under Section 18, the powers and duties of District Magistrate can be directed to be exercised or performed by Additional District Magistrate or Sub -Divisional Magistrate for such areas as may be specified in the order. Thus, the Scheme of the Adhiniyam, 1990 clearly contemplate exercise of the power of District Magistrate under Sections 3, 4, 5 and 6 by an Additional District Magistrate or Sub -Divisional Magistrate. The Notification dated 05.03.2003 was not under challenge in the writ petition. [Para 14][715-F-H]
Ajaib Singh v. Gurbachan Singh AIR 1965 SC 1619 : [1965] SCR 845 – distinguished.
2. The period of externment being one year, which has already expired, there is no useful purpose in considering the other grounds. [Para 15][716-B]
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