IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Abdul @ Banja Gaibusab Mujawar – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
a. Issue a writ or order or any direction in the nature of writ of certiorari quashing the impugned order passed by Respondent No.3, Assistant Commissioner and sub divisional Executive Magistrate in No.Kra./MAG/CR/26/2025-26 dated 16-09-2025, vide ANNEXURE-A.
b. Issue any other relief as this Hon’ble Court deems fit and necessary to protect the liberty of petitioner pursuant to passing of order by Respondent No.3, vide ANNEXURE-A, in the interest of justice.
2. Heard the learned counsel Sri. D.L. Ladkhan appearing for the petitioner and the learned AGA Sri. T. Hanumareddy representing respondents.
3. Facts, in brief, germane are as follows:
The 5th respondent-Circle Police Inspector files an application seeking an order of externment against the petitioner on the score that the petitioner is embroiled in several crimes. An enquiry notice comes to be issued to the petitioner by respondent No.2-Superintendent of Police seeking reasons as to why the petitioner should not be exiled. The said enquiry notice is admittedly issued to the petitioner without appending any police report against the petitioner. Thereafter,
Only the general nature of material allegations must be provided in externment cases, not the entire documentation, ensuring compliance with principles of natural justice.
Complete disclosure of documents in externment proceedings is not required; only general allegations must be communicated, upholding procedural fairness.
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.
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.
An externment order requires clear justification under the applicable section, ensuring the principles of natural justice are followed, including the requirement of informing the general nature of al....
Externment orders require general disclosure of allegations without complete document provision, upholding the principles of natural justice and ensuring compliance with statutory requirements.
The externment order requires only the general nature of allegations to be communicated, not full documentation, aligning with principles of natural justice.
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....
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 ....
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.
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