In a landmark decision, the Madhya Pradesh High Court has quashed an externment order against a farmer, Anantram Awase, who was previously barred from Burhanpur and its neighboring districts.
The division bench, led by Justice Vivek Agrawal, criticized the Burhanpur district magistrate for the misuse of the M.P. Rajya Suraksha Adhiniyam, 1990, under which the farmer was externed. The court highlighted that the externment was based solely on FIRs without any actual conviction, which goes against the stipulations of the Act that require a conviction as a basis for such orders.
In its order issued on Monday, the High Court not only overturned the externment but also imposed a fine of Rs 50,000 on the respondents, which include the state government and several district-level officials. The court authorized the state to recover this amount from the district magistrate of Burhanpur, citing a failure to adhere to legal standards.
“The Chief Secretary of the State of MP is requested to call a meeting of all the District Magistrates to give them confidence and directions to not to pass orders under political pressure without appreciating the true intent and meaning of the law,” Justice Agrawal stated.
This directive aims to ensure that district magistrates across Madhya Pradesh understand and implement the law correctly, without yielding to external influences that could compromise the fairness of their decisions.
The court also pointed out the district magistrate’s failure to record witness statements, accusing him of misleading the court by claiming that no witnesses came forward. This was seen as an attempt to cover up his own shortcomings in handling the case according to the procedural requirements of the law.
