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M. NAGAPRASANNA
Jabiulla – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. The petitioner is before this Court calling in question an order dtd. 7/3/2023 passed by the second respondent - Assistant Commissioner Cum Sub-Divisional Magistrate, Sagara, externing the petitioner from 7/3/2023 to 7/9/2023, from Sagara and sent him to Yadagiri District, invoking Sec. 55 of the Karnataka Police Act, 1963 ('the Act' for short).
2. Heard Sri Srikanth Patil K., learned counsel for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader for the respondents.
3. The petitioner claims to be a pigmy agent in Madani Bank, Shikaripura and is the breadwinner of the family. The petitioner gets embroiled in eight cases and they are, crime Nos.146/2018, 25/2021, 34/2021, 52/2021, 104/2021 and 115/2022, all are registered for the offence punishable under Sec. 78(3) of the Act and in Crime Nos.19/2021 and 17/2022, in terms of the provisions of Sec. 107 of the Cr.P.C. Out of these eight cases, in fives cases, the concerned Court has imposed only fine and not any other punishment. Therefore, the petitioner gets acquitted by imposition of fine in five cases. In crime Nos.115/2022, 19/2021 and 17/2022, the cases are pending consideration and the police
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.
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.
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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