An externment order must clearly articulate the statutory provision it relies on and adhere to natural justice principles, providing only general material allegations without requiring full document disclosure.

ORDER :

M.NAGAPRASANNA, J.

1. The petitioner before this Court seeking the following prayer:

i. Issue a Writ of Certiorari and quash the impugned order issued by the Respondent No.03 dated 11/12/2025 bearing No.MAG/POL/CR-48/22-23 which is marked at Annexure - A so far as the petitioner is concerned.

ii. Grant any other relief deemed fit by this Hon’ble Court in the interest of justice and equity.

2. Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondents.

3. The petitioner gets embroiled in two crimes, one under the Karnataka Epidemic Diseases Act and the other under the for the offences punishable under the Indian Penal Code. On the score that the petitioner has got emobroiled in the aforesaid crimes, an order of externment is passed against the petitioner on 11.12.2025 externing him from Gadag District to Belagavi District.

4. The learned counsel appearing for the petitioner submits that the procedure that is stipulated by the Co-ordinate Bench in Writ Petition No.30021/2025 disposed off on 17.11.2025 has not been followed. The Co-ordinate Bench is held as follows:

8. The points that would arise for consideration are;

1. Whether all police reports and documents, including FIR, statements, charge sheet, etc., are required to be furnished to the person who is sought to be externed?

2. Whether there is a requirement in all cases for the Assistant Commissioner to consider and State as to whether witnesses have not come forward or would not come forward to depose against the person who is sought to be externed, if he continues to reside within the jurisdiction?

3. Whether the principles of natural Justice have been followed in the present case?

4. Is there any infirmity in the impugned order requiring this Court to intercede?

5. What order?

9. I answer the above points as follows;

10. Answer to point No.1: Whether all police reports and documents, including FIR, statements, charge sheet, etc., are required to be furnished to the person who is sought to be externed?

10.1. The submission of Sri.Tharanath Poojary., learned Senior Counsel for the Petitioner, is that without the reports and documents being furnished along with the show-cause notice, the Petitioner as the addressee of the notice, would not know what to reply to. The principle of natural Justice would stand completely violated if they are not furnished.

10.2. After the appearance of the Petitioner before the Assistant Commissioner, two additional cases were filed. Though a request had been made for furnishing the same, copies were not furnished. On that ground, he submits that the rights of the Petitioner have been adversely affected.

10.3. In that regard, he has relied upon the decision in Sachin M.R’s case and contends that if all documents are not furnished, and there is no acknowledgement of such service on the externee, then the order for the externment would be required to be set aside.

10.4. A persusal of said judgment in Sachin's case does not indicate that it is so inasmuch as that decision was one relating to service of notice and not service of documents, and it is in the background of the show-cause notice not having been issued, that the above observations were made.

10.5. In the present case, the issue raised by the Petitioner is as regards service of documents and not that of service of notice, notice having been received and acknowledged by the Petitioner to have been so received, and sunsequently having been represented by legal counsel in the proceedings before the Assistant Commissioner.

10.6. Learned Advocate General would submit that under Sub-section (1) of Section 58 of the KP Act, 1963, all the documents and details are not required to be furnished; only material allegations are required to be made known to the person sought to be externed. The show-cause notice detailing the al