Supreme Court · 2019 INSC 106 · Decided 29 January 2019
The State of Madhya Pradesh & ORS. v. Dharmendra Rathore
- Court
- Supreme Court of India
- Citation
- 2019 INSC 106 · [2019] 1 S.C.R. 707
- Case number
- CRIMINAL APPEAL No. 171/2019
- Decided
- 29 January 2019
- Bench
- ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution
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 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
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