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M. NAGAPRASANNA
Mahantayya – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. Learned HCGP is directed to accept notice for respondents.
2. The petitioner is before this Court calling in question the order dtd. 28/7/2023 passed by the 2nd respondent/Assessment Commissioner cum-Sub-Divisional Magistrate, Bailhongal externing the petitioner from Bailhongal Sub-Division to Bagalkot for a period of three months.
3. Heard Sri Shriharsh A.Neelopant, learned counsel appearing for the petitioner and Sri V.S. Kalasurmath, learned High Court Government Pleader appearing for the respondents.
4. Facts, in brief, germane are as follows:
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....
Section 54 deals with dispersal of gangs and bodies of persons which is applicable to case at hand.
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 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.
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....
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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