IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M. NAGAPRASANNA
Basavaraj S/O. Shrishailappa Gadekar – Appellant
Versus
State Of Karnataka, By Its Principal Secretary, Home Department – Respondent
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 polic
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 ....
The court ruled that an externment order does not necessitate providing all police documents, only the general nature of material allegations, while emphasizing adherence to procedural requirements u....
Externment orders must disclose the general nature of allegations to ensure compliance with the principles of natural justice.
An externment order must specify the applicable legal provision and adhere to procedural fairness, including proper disclosure of material allegations and opportunities for the individual to respond.
The externment order requires only the general nature of allegations to be communicated, not full documentation, aligning with principles of natural justice.
The Assistant Commissioner must specify the provision used for externment and comply with procedural requirements, while the full disclosure of documents is not mandated under the Karnataka Police Ac....
The court affirmed that while general allegations must be disclosed to persons facing externment, full police documents are not required, emphasizing procedural clarity and the necessity of a reasone....
Externment orders require general disclosure of allegations without complete document provision, upholding the principles of natural justice and ensuring compliance with statutory requirements.
The court established that only material allegations need to be disclosed to a person sought to be externed, and the externment order must clearly indicate the provision under which it was passed.
Complete disclosure of documents in externment proceedings is not required; only general allegations must be communicated, upholding procedural fairness.
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