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M. NAGAPRASANNA
Azim – Appellant
Versus
Sub Divisional Officer And Sub Divisional Magistrate – Respondent
JUDGMENT
1. The petitioner is before this Court calling in question an order dtd. 28/3/2023, passed by the first respondent -SubDivisional Officer and Sub-Divisional Magistrate, Madikeri, Kodagu district, externing the petitioner for a period of three months from the date of the order i.e., 28/3/2023, from Kodagu district and sent him to Chikkaballapur District, except permitting him to vote in the elections.
2. Heard Sri Mohammed Tahir, learned counsel for the petitioner and Sri B.V.Krishna, learned Additional Government Advocate for the respondents.
3. What is called in question in the case at hand is an order of externment passed against the petitioner. Preceding the order, a show cause notice was issued to the petitioner on 24/1/2023, seeking the petitioner to show cause as to why an order of externment should not be passed. The averment in the petition is that, the petitioner appeared before the authority, who only pointed out all the cases, which have ended in acquittal. Except stating about the pending cases, no other opportunity worth the name was provided to the petitioner, is the averment in the entire petition.
4. Learned counsel for the petitioner would reiterate the ple
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.
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....
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
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 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....
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....
An externment order under the Maharashtra Police Act must be based on objective material demonstrating a live link between past actions and current threats, with proper verification of witness statem....
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