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M. NAGAPRASANNA
T. Roopeshkumar @ Roopi, S/O Thimmaiah – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
The petitioner is before this Court calling in question order dated 15-12-2022 passed by the 2nd respondent/Assistant Commissioner externing the petitioner from Kunigal Taluk.
2. Heard Sri D.J. Satisha, learned counsel appearing for the petitioner and Sri M. Vinod Kumar, learned Additional Government Advocate appearing for the respondents.
3. Facts in brief, that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-
The petitioner is a resident of Kunigal Taluk. No other issue regarding his residence need be gone into. The petitioner gets embroiled in several criminal cases. The cases pending against the petitioner as on date are (i) Crime No.108 of 2019 which comes to be registered on 26-06-2019 for offence punishable under Section 87 of the Karnataka Police Act, 1963 (hereinafter referred to as ‘the Act’ for short) and the Police having filed the charge sheet in the said case, it is pending before the Senior Civil Judge and JMFC at Kunigal in C.C.No.3697 of 2022. (ii) The second crime that is registered against the petitioner in Crime No.24 of 2020 on 01-03-2020 is again for offences punishable under Section 87 of the Act
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
The order of externment must stand the test of reasonableness and should be based on objective material, and the court can interfere when there is no material or the relevant material has not been co....
Externment orders must be supported by objective evidence and must not violate the fundamental right to free movement; failure to comply with these requirements renders such orders invalid.
Externment orders must be based on objective evidence of current danger or harm, and must comply with procedural safeguards to ensure the protection of fundamental rights under Article 19(1)(d) of th....
An externment order under the Karnataka Police Act must be supported by objective evidence and a clear demonstration of the necessity for such action, particularly in light of the fundamental right t....
An order of externment must be based on subjective satisfaction supported by objective material and must meet the test of reasonableness as per Article 19(1)(d) of the Constitution of India.
Order of externment is an extraordinary measure – As in case of any other administrative order, judicial review is permissible on the grounds of mala fide, unreasonableness or arbitrariness.
Externment orders under the Maharashtra Police Act must be supported by objective evidence and cannot infringe upon the fundamental right to free movement without justifiable grounds.
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