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2025 Supreme(Kar) 2142

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA, J.
 
Raghavendra, S/o. Motilalsa Dharmadas – Appellant
Versus
The State Of Karnataka, Represented By Its Principal Secretary – Respondent
Writ Petition No. 109335 Of 2025 (GM-POLICE)
Decided On : 05-12-2025
 

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

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 reasoned order from the authority.

Headnote:(A) Karnataka Police Act, 1963 - Sections 55 and 58 - Externment - The principle of natural justice mandates that general nature of allegations must be provided to the person sought to be externed, but not the full police reports - Decision in this case followed prior ruling on procedural fairness and clarity in authority's reasoning. (Paras 10.1, 10.6, 12.1, 14.1)

(B) Judicial Review - The requirement of specifying under which provision the externment order was passed is essential for valid exercise of power. The Assistant Commissioner's order lacks clarity regarding the underlying justification and basis for the externment - Impugned order quashed and remitted for fresh consideration. (Paras 11.1, 14.1)

Facts of the case:
The petitioner sought to challenge an externment order passed by the Assistant Commissioner, claiming violations of natural justice due to lack of access to police documents related to the externment notice.

Findings of Court:
The order of externment was quashed due to procedural infirmities and the matter was remitted back for a properly reasoned order specifying compliance with statutory requirements.

Issues: The main issues were the necessity of disclosing full police reports to the affected party and the requirement for the Assistant Commissioner to articulate the basis for believing witnesses would not testify against the externed individual.

Ratio Decidendi: The court concluded that while the general nature of allegations must be communicated, full disclosure of police reports is not mandated, emphasizing clarity in the order's basis.

Result: Writ petition partly allowed, and externment order quashed; matter remitted for reassessment.

ORDER :

M.NAGAPRASANNA, J.

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

(i) Issue a writ in the nature of Certiorari quashing the order dated 24.11.2025 bearing no.KRA.CHP.VIKAD/COP/HU-DHA/ GADIPARU / 110 / 2025 vide Annexure-E passed by the 2nd respondent in the interest of justice and equity.

(ii) 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. 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 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 allegations against the Petitioner, the Petitioner was well aware of what the Petitioner had to reply to.

10.7. Be that as it may, he submits that the police reports have been furnished to the Petitioners, this being done by the State in its fairness and not because the Petitioner is entitled thereto.

10.8. He relies on Hari Khemu Gawali’s case to contend that what is required

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