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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Akash, S/o. Parashuram Onakuppi – Appellant
Versus
State Of Karnataka, R/by Its Secretary, Department Of Revenue – Respondent
| Table of Content |
|---|
| 1. writ petition addressing externment order compliance. (Para 1 , 2 , 3) |
| 2. disclosure of allegations essential for fair legal representations. (Para 4) |
ORDER :
1. The petitioner is before this Court seeking the following reliefs:
B. Issue 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.
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:
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?
3. Whether the principles of natural Justice have been followed in the present case?
5. What order?
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?
10.2. After the appearance of the Petitioner before the Assistant Commissio
Externment orders must disclose the general nature of allegations to ensure compliance with the 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....
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 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 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 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....
The externment order requires only the general nature of allegations to be communicated, not full documentation, aligning with principles of natural justice.
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 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.
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