1 2025:CGHC:11689-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 134 of 2025 Mrityunjay Singh Alias Tunna Singh S/o Bharat Bhushan Singh, Resident Vasundhara Bihar Godhanpur, Thana Gandhinagar Tehsil Ambikapur, District- Sarguja (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Home Affairs, Police Head Quater, Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh 2 - The District Magistrate Ambikapur, District- Sarguja, Chhattisgarh 3 - The Superintendant Of Police Ambikapur, District- Sarguja, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Madhunisha Singh, Advocate For Respondent(s) : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 10.03.2025 MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.11 10:52:16 +0530 2 1. Heard Ms. Madhunisha Singh, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate for respondent / State. 2. The present petition has been filed seeking following relief(s):- “i. That the Hon'ble Court may kindly be pleased to issuance of writ of Mandamus or any other appropriate writ/directions to quash/set aside the impugned order of expulsion of the petitioner from the territorial limits of Surguja District and its adjoining border districts, namely Jashpur, Raigarh, Korba, Balrampur, and Surajpur, for a period of one year by impugned order dated 14/02/2025 in Criminal Case no 04/2025 by the respondent no. District (AnnexureP/1); Magistrate Sarguja ii. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favor of the petitioner. 3. The instant petition is being filed by the petitioner challenging the impugned order of expulsion of the petitioner from the territorial limits of Surguja District and its adjoining border districts, namely Jashpur, Raigarh, Korba, Balrampur, and Surajpur, for a period of one year by impugned order dated 14/02/2025 in Criminal Case no 04/2025 by the respondent no. 2 District Magistrate Sarguja. 4. Learned counsel for the petitioner submits that the impugned order of expulsion of the petitioner from the territorial limits of Surguja District and its adjoining border districts, namely Jashpur, 3 Raigarh, Korba, Balrampur, and Surajpur, for a period of one year by impugned order dated 14/02/2025 in Criminal Case no 04/2025 by the respondent no. District Magistrate Sarguja is bad in law and liable to be set aside. The impugned order of externment violates the fundamental rights guaranteed under Articles 19(1)(d) and 21 of the Constitution of India. The right to move freely within the territory of India and the right to life and personal liberty cannot be curtailed arbitrarily without cogent and sufficient reasons. The externment order is not based on any concrete or present material but is issued in a mechanical manner, thereby violating the due process of law. Section 5(b) of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 requires reasonable grounds to believe that a person is engaged or is about to engage in offenses involving force, violence, or other serious crimes listed therein. The petitioner has not committed any criminal offenses in the last five years, and in all past cases, he has been acquitted, making the invocation of Section 5(b) unwarranted. The District Magistrate passed the externment order without objectively considering the petitioner's reply and the fact that in past criminal cases, he has been acquitted. A significant number of cases listed in the impugned report have either been disposed of with acquittal or were never registered against the petitioner. 5. On the other hand, learned State Counsel appearing for the respondents submits that the petitioner has an alternative 4 efficacious remedy of appeal to the State Government under Section 9 of the Act of 1990. 6. Considering the submission of learned counsel for the State, the writ petition is dismissed. However, liberty is reserved in favour of the petitioner to file an appeal under Section 9 of the Chhattisgarh Rajya Suraksha Adhiniyam, 1990 to the State Government. 7. Certified copy of the impugned order be returned to the learned counsel for the petitioner after furnishing duly photostat copy of the same. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet