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M. NAGAPRASANNA
Sridhara Prabhu – Appellant
Versus
Police Superintendent – Respondent
JUDGMENT/ORDER
1. The petitioner aged 68 years is knocking at the doors of this Court in the subject petition calling in question an order dtd. 6/4/2023, by which the second respondent - Assistant Commissioner has externed the petitioner for a period of one year from the date of the order i.e., 6/4/2023, from Gowribidanur Taluk, Chikkaballapur District and sent him to Belthangadi Taluk, Dakshina Kannada District, invoking Sec. 55 of the Karnataka Police Act, 1963 ('the Act' for short).
2. Heard Sri Prasanna V.R., learned counsel for petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondents.
3. The name of the petitioner is drawn into the list of rowdies on 12/4/2002 and claims to be still in the list. The petitioner gets embroiled in certain crimes, all of which are non-cognizable offences punishable under Sec. 78(4) and (6) of the Act and out of them, two are under Sec. 78(3) of the Act. The six criminal cases are, crime Nos.66/2009, 06/2010, 105/2010, 85/2012, 50/2009 and 103/2011. The petitioner avers that all the cases were under the Act and all have been closed by the competent Courts by imposition of fine. Notwithstanding the aforesaid closure
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.
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....
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.
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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