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M. NAGAPRASANNA
Giddappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
1. The petitioner is before this Court calling in question an order dtd. 7/3/2023, passed by the second respondent Assistant Commissioner and Sub-Divisional Magistrate, Sagara, externing the petitioner for a period of six months commencing from 7/3/2023 to 7/9/2023 from Sagara Sub-Division and sent him to Kalaburagi District.
2. Heard Sri Vishwajith Rai M., learned counsel for the petitioner and Sri B.V.Krishna, learned Additional Government Advocate for the respondents.
3. The petitioner is alleged to have been involved in several offences, totaling 11 cases. The first one is, in crime No.36/2011 for offence punishable under Sec. 78(3) of the Karnataka Police Act, 1963 (the Act for short); second in crime No.89/2011 for offences punishable under Sec. 78(3) of the Act read with Sec. 420 of the IPC; third in crime No.21/2012 again for the offence punishable under Sec. 78(3) of the Act; fourth in crime No.23/2013 for offence punishable under Sec. 78(3) of the Act; fifth in crime No.106/2014 for offence punishable under Sec. 78(3) of the Act; sixth in crime No.92/2015 for offence punishable under Sec. 78(3) of the Act; seventh one is, in crime No.92/2015 for offence puni
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....
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.
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.
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
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....
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.
The court highlighted the importance of objective material for recording subjective satisfaction to pass an order of externment, the need for compliance with principles of natural justice, and the ne....
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