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M. NAGAPRASANNA
Sachin M. R. , S/o. Ramachandra – Appellant
Versus
State Of Karnataka – Respondent
The petitioner is before this Court calling in question an order dated 20.03.2024 passed by the second respondent Assistant Commissioner/Sub-Divisional Magistrate invoking his power under Section 55 of the Karnataka Police Act, 1963 (‘Act’ for short) externing the petitioner from Mysore to Davangere with effect from 20.03.2024 up to 10.06.2024.
2. Heard Mr.K.V.Sateesh Chandra, learned counsel for the petitioner and Mr.K.P.Yoganna, learned Additional Government Advocate for the respondent.
3. The petitioner claims to be a permanent resident of Mallahalli Village, Mysore District and claims to be doing business as his avocation and is residing with his family members. The petitioner during his stay at Mysore appears to have got embroiled in several cases. The cases pending against the petitioner as on today is depicted to be Crime No.46 of 2021 before the Varuna Police Station, Mysore for offences punishable under Sections 504, 323, 143, 147 and 149 of the IPC. The said case is pending investigation. The other crime is Crime No.167 of 2022 against before the same police station for the same offences except in addition of the offence punishable under Section 302 of the IPC. The third c
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
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....
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.
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 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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