IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Devendrappa S/o Hanumanthappa Rajanahalli – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
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| 1. petitioner challenges externment order. (Para 1 , 2 , 3) |
ORDER :
“A. Issue a writ in nature of Certiorari quashing the impugned order bearing no. MAG. GADIPAAR/VAHI/2/2025-26 dated 25.11.2025 passed by the Respondent No.2 for externment vide Annexure-E passed by the 2nd respondent in the interest of justice and equity.
2. Heard the learned counsel Sri. Vidyashankar G. Dalwai, appearing for the petitioner and the learned AGA Sri. T.Hanumareddy representing respondents.
8. The points that would arise for consideration are;
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?
4. Is there any infirmity in the impugned order requiring this Court to intercede?
9. I answer the above points as follows;
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 rep
The externment order requires only the general nature of allegations to be communicated, not full documentation, aligning with principles of natural justice.
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 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 Court held that the petitioner must be informed of the general nature of allegations and that compliance with procedural requirements is essential for valid externment orders under the Karnataka ....
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 held that a person facing externment only needs to be informed of the general nature of material allegations, not all documents, and that clear grounds for the order must be specified.
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....
The court ruled that the general nature of allegations must be communicated to a person sought to be externed, without requiring full disclosure of police reports, maintaining compliance with natural....
The court clarified that under the Karnataka Prevention of Dangerous Activities Act, only general nature of allegations must be provided before externment and not all documents, ensuring compliance w....
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