An order of externment, being an extraordinary measure curtailing the fundamental right to movement, must strictly comply with mandatory statutory procedural safeguards, including the provision of a reasonable opportunity of hearing and notice of material allegations, failing which the order is legally unsustainable.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 23.09.2025 BEARING NO.KRA/MAG/CR-27/2025-26 DATED 23-09-2025, AT VIDE ANNEXURE-B AND ETC.,

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

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

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

A. This Hon’ble Court may kindly be pleased to issue a writ of certiorari or any other appropriate writ and quash the order passed by the Respondent no.2 dated 23.09.2025 bearing no.P Àæ/JAJf/¸ ÉÆDgï-27/2025-26 dated 23-09-2025, at vide Annexure-B.

B. Pass such other order orders this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.

2. Heard the learned counsel Shri Girish S.Hiremath appearing for the petitioner and learned HCGP Shri V.S. Kalasurmath appearing for respondents – State.

3. The petitioner is before this Court calling in question an order of externing the petitioner from Hubballi – Dharwad limits to Uttara Kannada in terms of the order impugned. The solitary ground projected by the petitioner is that no opportunity of hearing was provided before the appellate authority and which is in violation of the law laid down by this Court in Writ Petition No.9727 of 2024, disposed on 05.04.2024.

4. This Court, while considering the entire spectrum of the Police Act insofar as it concerns the orders of externment, has held as follows:

“9. Before embarking upon consideration of the case on its merits, I deem it appropriate to notice the legal frame work under which order of externment could be passed against any person. Chapter-II of the Act deals with dispersal of gangs and bodies of persons convicted of certain offences. Section 54 deals with dispersal of gangs and bodies of persons which is applicable to the case at hand. What is germane to be noticed is Sections 55 to 60 and they read as follows:-

“55. Removal of persons about to commit offences.—Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner has been appointed under section 7 to the Commissioner, and in other area or areas to which the Government may, by notification in the official Gazette, extend the provision of this section, to the District Magistrate, or the Sub Divisional Magistrate having jurisdiction and specially empowered by the Government in that behalf,—

(a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or

(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Indian Penal Code, or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, or

(c) that an outbreak of epidemic disease is likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him, or by beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction or such area and a