Case Note & Summary
The petitioner, Shri Jayanth, challenged an externment order dated 31.08.2016 passed by the Deputy Commissioner/District Magistrate, Uttara Kannada, Karwar, under Section 55(A)(B) of the Karnataka Police Act, 1963. The order directed the petitioner to be externed from Karwar District for three months and provided that if he appeared in the area, he would be arrested and proceedings under Section 61 of the Act would be initiated. The petitioner contended that he was not served with any show cause notice nor given an opportunity of being heard before the order was passed. The court examined the records and found that the report dated 05.03.2016 from the police did not indicate that any show cause notice was issued or that the petitioner was heard. The court held that the externment order was passed in gross violation of the principles of natural justice, as the petitioner was not given a chance to explain his case. Consequently, the court allowed the revision petition, quashed the impugned order, and set aside the externment proceedings.
Headnote
A) Criminal Law - Externment - Principles of Natural Justice - Section 55(A)(B) Karnataka Police Act, 1963 - The District Magistrate passed an externment order without issuing a show cause notice or providing a personal hearing to the petitioner. The court held that such an order violates the principles of natural justice and is illegal. The order was quashed and set aside. (Paras 1-5)
Issue of Consideration
Whether the externment order passed by the District Magistrate under Section 55(A)(B) of the Karnataka Police Act is sustainable when the petitioner was not served with a show cause notice and not given an opportunity of being heard.
Final Decision
The court allowed the criminal revision petition, quashed the impugned order dated 31.08.2016 passed by the District Magistrate, U.K., Karwar, and set aside the externment proceedings.
Law Points
- Externment order under Section 55(A)(B) of Karnataka Police Act requires strict compliance with principles of natural justice
- including show cause notice and personal hearing
- failure to provide such notice renders the order illegal and liable to be quashed.
Case Details
2017 LawText (KAR) (02) 7
Criminal Revision Petition No.100220/2016
Sri Gourishankar H. Mot (for petitioner), Smt. Veena Hegde, HCGP (for respondents)
Deputy Commissioner / District Magistrate, U.K. District, Karwar and others
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Nature of Litigation
Criminal revision petition challenging an externment order passed under Section 55(A)(B) of the Karnataka Police Act.
Remedy Sought
Petitioner sought quashing of the externment order dated 31.08.2016 passed by the District Magistrate, U.K., Karwar.
Filing Reason
Petitioner was externed from Karwar District for three months without being served a show cause notice or given an opportunity of being heard.
Previous Decisions
The District Magistrate passed the externment order on 31.08.2016 based on a police report dated 05.03.2016.
Issues
Whether the externment order under Section 55(A)(B) of the Karnataka Police Act is valid when principles of natural justice are not followed.
Submissions/Arguments
Petitioner argued that no show cause notice was served and no opportunity of hearing was given before the externment order.
Respondents argued through the HCGP, but the court found no evidence of compliance with natural justice.
Ratio Decidendi
An externment order under Section 55(A)(B) of the Karnataka Police Act must be preceded by a show cause notice and a personal hearing to the affected person; failure to do so violates principles of natural justice and renders the order illegal.
Judgment Excerpts
The records disclose that on 05.03.2016 the police have submitted a report... but the said report does not disclose that any show cause notice was issued to the petitioner nor any opportunity of hearing was given to him before passing the impugned order.
Therefore, the impugned order is passed in gross violation of the principles of natural justice. Hence, the order is liable to be quashed.
Procedural History
The petitioner filed a criminal revision petition under Section 397 r/w 401 of Cr.P.C. before the High Court of Karnataka, Dharwad Bench, challenging the externment order dated 31.08.2016 passed by the District Magistrate, U.K., Karwar. The court heard arguments and passed the order on 27.02.2017.
Acts & Sections
- Karnataka Police Act, 1963: 55(A)(B), 61
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401
