Supreme Court of India
The State of Madhya Pradesh & Ors. v. Dharmendra Rathore
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What the Court ordered
In view of the above Statutory Scheme, this Court held that Additional District Magistrate being not the District Magistrate was incompetent to pass the impugned order.
Judgment, page 8
From the 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.…
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