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Criminal · Reportable judgment

The State of Madhya Pradesh & Ors. vs Dharmendra Rathore

Court
Supreme Court of India
Date
29 January 2019
Case No.
Criminal Appeal No. 171 of 2019
Result
Allowed
Bench
Ashok Bhushan, K.M. Joseph
Citation
[2019] 1 S.C.R. 707 : 2019 INSC 106
Supreme Court Reports [2019] 1 S.C.R. 707 : 2019 INSC 106
Headnote

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]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ASHOK BHUSHAN,J. 1. Leave granted. 2. These two appeals raising similar question of law has been heard together and are being decided by this common judgment. State of Madhya Pradesh has filed the appeal questioning the judgment of Division Bench of the High Court dated 30.10.2013 passed in Writ Appeal No. 244 of 2013 and judgment of Division Bench in Writ Appeal No. 71 of 2014 dated 20.06.2014 following the earlier judgment dated 30.10.2013. 3. For deciding the appeals, it shall be sufficient to refer to the facts in Criminal Appeal – The State of
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