VidhiSangh

Supreme Court of India · 29/01/2019

THE STATE OF MADHYA PRADESH & ORS. versus DHARMENDRA RATHORE

[2019] 1 S.C.R. 707 · 2019 INSC 106

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Summary

An Additional District Magistrate specially empowered under the Madhya Pradesh State Security Act could exercise externment powers. Unlike the Defence of India statutory scheme considered in Ajaib Singh, the 1990 Act did not bar empowerment of an officer below District Magistrate rank and expressly contemplated delegation. The High Court’s contrary jurisdictional ruling was set aside. Other challenges were not examined because the one-year externment had expired.

Issues

  1. Whether an empowered Additional District Magistrate lacked jurisdiction to order externment under the 1990 Act.

Provisions considered

Held

Result

State’s appeals allowed; impugned High Court judgments set aside. Other grounds against the expired externment order left unexamined.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 707.