An exclusion order against a citizen must respect the right to due process, be proportionate to the threat, and must not penalize lawful protest activities without concrete evidence of imminent danger.

JUDGMENT :

S.K. Panigrahi, J.

1. In this Writ Petition, the Petitioner seeks a direction from this Court to quash the exclusion order dated 05.06.2025 issued under Section 163 of the BNSS , which barred him from entering Rayagada district, alleging it violates his constitutional rights under Article 19.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The petitioner, Dr. Randall Sequeira, is a registered medical practitioner originally from Mangalore, Karnataka, currently residing in Hill Town, Bhawanipatna, Odisha. He has been working in tribal-dominated areas of Kalahandi and Rayagada districts, where he is known to have offered voluntary medical services. He was previously associated with NGOs such as DApRA and Swasthya Swaraj, which operated in Kerpai village under Kalahandi district, though he is no longer affiliated with them.

(ii) On 30.09.2023, the petitioner was allegedly found circulating pamphlets, maps, and anti-mining materials in villages around the Sijimali Hills, which are the proposed site of a bauxite mining project. This incident was recorded in Kashipur Police Station GD Entry No. 09 dated 30.09.2023, and was later cited in official communications as indicative of his involvement in ongoing anti-mining activities.

(iii) On 04.06.2025, the Superintendent of Police, Rayagada, sent a report to the Collector and District Magistrate, Rayagada, warning of a proposed large gathering at Sunger Hatapada on 05.06.2025, coinciding with World Environment Day. The gathering was reportedly being organized by Maa Mati Mali Suraksha Samiti, an anti-mining group, and included a list of 24 individuals, among them the petitioner, said to be involved in mobilizing attendance.

(iv) Based on the police communication and inputs suggesting a possible breach of public order, the Collector and District Magistrate, Rayagada, issued Order No. 1556 dated 04.06.2025 under Section 163 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, prohibiting the petitioner and 23 others from entering the district of Rayagada for a period of two months. The order was passed ex parte under Section 163 (2) BNSS , citing urgency and risk to public tranquillity.

(v) The planned event at Sunger was scheduled on the local weekly market day, which draws significant footfall from surrounding villages. Intelligence inputs anticipated a gathering of 6,000 to 7,000 people, and local residents submitted a written complaint expressing concern about potential law-and-order issues due to the timing and scale of the meeting.

(vi) Authorities cited several prior incidents in support of their action, including Kashipur PS Case Nos. 202/2024, 728/2025, and 110/2025, all of which are under investigation and involve allegations of violence, obstruction of official duties, and damage to public property during protests linked to the anti-mining movement. Some of the individuals allegedly involved in those cases were reported to be associated with the petitioner.

(vii) The petitioner subsequently filed an objection under Section 163 (5) of BNSS , 2023, challenging the prohibitory order. T