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2025 Supreme(Kar) 2109

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
M.NAGAPRASANNA, J.
Dattusa S/o. Ramchandrasa Solunke - Appellant
Vs.
The State Of Karnataka - Respondent
Writ Petition No. 109442 of 2025 (GM-POLICE)
Decided On : 10-12-2025

Advocates:
Advocate Appeared:
For the Appellant :Sri. Mot Gourishankar Harishchandra, Advocate
For the Respondent: Sri.T. Hanumareddy, AGA

An externment order must clearly state the grounds for action and comply with principles of natural justice, which includes providing necessary details to the affected individual.

Headnote:(A) Karnataka Police Act, 1963 - Sections 55 and 58 - Externment order quashed - The Assistant Commissioner issued an externment order without specifying the grounds under which the relevant section was applied - Due process and principles of natural justice were pivotal, as failure to disclose the factual basis for an externment interferes with personal liberty. (Paras 10.21, 11.5, 13.1 and 14.1)

(B) Natural Justice - Requirement for providing an opportunity to respond and a reasoned order - The principles of natural justice must be upheld in externment proceedings to protect the rights of individuals. (Paras 12.1 and 12.2)

Facts of the case:
The petitioner challenged an externment order issued against him without including supporting documents or police reports, relying instead on prior cases. The petitioner argued for their rights to due process under the law.

Findings of Court:
The court identified that the order did not meet statutory requirements, did not clarify which provision was invoked, and did not satisfy natural justice principles, thus necessitating a fresh order.

Issues: The court addressed whether all documents need to be furnished to the person being externed, the burden of proof on the Assistant Commissioner regarding witness testimonies, and adherence to natural justice principles.

Ratio Decidendi: The court held that sufficient detail must accompany an externment order and that all relevant grounds must be explicitly stated, emphasizing that rights to life and liberty cannot be arbitrarily undermined.

Result: Writ petition allowed in part, externment order quashed, and matter remitted for compliance with legal requirements.

ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court seeking the following reliefs:

a. “Issue a writ in the nature of Certiorari quashing the order dated 19.11.2025 bearing no. KRA./CHP/VIKAD/COP/HU- DHA/ GADIPARU/85/2025 vide Annexure-E passed by the 2nd respondent in the interest of justice and equity.

b. Issue any such other writ or give such other direction and pass such other order as this Hon’ble Court deems fit and proper in the facts and circumstances of the cases.”

2. Heard the learned counsel Sri. G.S.Mot, appearing for the petitioner and the learned AGA Sri. T. Hanumareddy representing respondents.

3. Facts, in brief, germane are as follows:

The 3rd respondent-Police Inspector files an application seeking an order of externment against the petitioner on the score that the petitioner is embroiled in several crimes. The 2nd respondent thus issues show cause notices to the petitioner on 03.11.2025, 07.11.2025 and 19.11.2025 under Section 58 of the KARNATAKA POLICE ACT , 1963 seeking reasons as to why the petitioner should not be exiled from Hubballi to Koppal. The said show cause notices are admittedly issued to the petitioner without appending any police report against the petitioner. Thereafter, the impugned order is passed against the petitioner on 19.11.2025 under Section 55 of the KARNATAKA POLICE ACT , 1963 exiling the petitioner from Hubballi to Koppal for a period of 6 months. The petitioner is now before this Court calling in question the order of externment dated 19.11.2025.

4. Learned counsel appearing for the petitioner would submit that, the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Writ Petition No.30021/2025, disposed off on 17th November 2025, wherein it 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 serv

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