The High Court of Karnataka has said that authorities must adhere to the provisions of the Karnataka Police Act while passing the order of externment against a person as externment has serious consequences and keeps away a person from his family and place.
The court also said that a person, against whom an externment order is proposed by the authorities under the KP Act, is entitled to be represented by a legal practitioner for the purpose of tendering his explanation and examining the witnesses.
Justice Anil B. Katti made these observations while quashing the order of externment of one Kumar from Dharwad district to Gadag.
The Assistant Commissioner of Dharwad, in his capacity as the sub-divisional magistrate, had passed the externment order in February based on the report filed by the police stating that the presence of the petitioner in Dharwad may cause danger or harm to persons or properties and in order to prevent such violence and harm his externment is absolutely necessary.
The court said there was nothing on record in the order, passed by the Assistant Commissioner, to show that the petitioner was given to understand that he is entitled to engage an advocate and file an explanation to the show-cause notice on the proposed externment.
“The mere obtaining signature of the person on the order sheet of the externment proceedings is not enough to hold that reasonable opportunity of tendering explanation to the show-cause notice was given,” the court said.
Pointing out that there must be application of mind by the officer passing the externment order based on apprehension made by the police, the court said that externment orders without proper inquiry by the officer to ascertain such apprehensions cannot be legally sustained.
