Case Note & Summary
The petitioner, Ahamed @ Mudassir, a permanent resident of Rajendra Nagar, Mysuru, challenged an externment order dated 16.12.2015 passed by the Special Executive Magistrate and Deputy Commissioner of Police, Mysuru, under Section 55-A of the Karnataka Police Act, 1963. By the order, the petitioner was directed to be externed from the limits of Mysuru city for a period of six months. The allegations against the petitioner were that he was indulging in criminal activities relating to illegal filling of gas cylinders, causing danger to neighbours. Two cases were registered against him: Crime No.10/2014 under Section 41(1)(d) r/w Section 102 Cr.P.C., and Crime No.166/2015 for offences under Section 3(1)(b) and (c) of the Essential Commodities Act, 1955. The petitioner contended that he is a married man with a school-going daughter aged 7 years, and the externment order would cause hardship to his family. The High Court, after hearing both sides, observed that the externment order was passed without proper application of mind. The court noted that the authority did not consider that the petitioner is a permanent resident of Mysuru and that the two cases registered against him were not sufficient to brand him as a habitual offender or a danger to public peace. The court held that the order was arbitrary and disproportionate. Consequently, the criminal revision petition was allowed, and the externment order dated 16.12.2015 was set aside.
Headnote
A) Criminal Law - Externment - Section 55-A Karnataka Police Act, 1963 - Validity of Externment Order - The petitioner, a permanent resident of Mysuru, was externed for six months based on two criminal cases relating to illegal filling of gas cylinders. The High Court held that the externment order was passed without proper application of mind and without considering that the petitioner is a permanent resident with family. The order was set aside as the authority did not have sufficient material to conclude that the petitioner is a habitual offender or that his presence is dangerous to public peace. (Paras 2-5)
B) Criminal Procedure - Revision - Section 397 r/w 401 Cr.P.C. - Scope of Revision - The High Court in revision can examine the legality and propriety of the externment order. The court found that the order suffered from non-application of mind and was liable to be set aside. (Para 1-5)
Issue of Consideration
Whether the externment order passed under Section 55-A of the Karnataka Police Act, 1963 against the petitioner is sustainable in law?
Final Decision
The criminal revision petition is allowed. The externment order dated 16.12.2015 passed by the Special Executive Magistrate and Deputy Commissioner of Police, Mysuru, under Section 55-A of the Karnataka Police Act, 1963, is set aside.
Law Points
- Externment order under Section 55-A of Karnataka Police Act
- 1963 requires material to show that the person is a habitual offender or dangerous to public peace
- mere registration of two cases not sufficient
- order must be proportionate and not arbitrary
Case Details
2016 LawText (KAR) (02) 21
Criminal Revision Petition No.1433 of 2015
Sri.A.S.Kulkarni (for petitioner), Sri.Rachaiah (HCGP for respondents)
The Special Executive Magistrate and Deputy Commissioner of Police, Mysuru; The Police Inspector, Narasimharaja Police Station, Mysuru; The Assistant Commissioner of Police, Narasimharaja Sub-Division, Mysuru
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Nature of Litigation
Criminal revision petition challenging an externment order passed under Section 55-A of the Karnataka Police Act, 1963.
Remedy Sought
The petitioner sought to set aside the externment order dated 16.12.2015 passed by the Special Executive Magistrate and Deputy Commissioner of Police, Mysuru.
Filing Reason
The petitioner was externed from Mysuru city for six months based on allegations of illegal filling of gas cylinders and two criminal cases.
Previous Decisions
The externment order dated 16.12.2015 was passed by the Special Executive Magistrate and Deputy Commissioner of Police, Mysuru, in MAG(2) No.275/2015-16.
Issues
Whether the externment order under Section 55-A of the Karnataka Police Act, 1963 is sustainable when the petitioner is a permanent resident and only two cases are registered against him?
Whether the authority applied its mind properly before passing the externment order?
Submissions/Arguments
The petitioner argued that he is a permanent resident of Mysuru with a family, and the externment order would cause hardship. The two cases registered are not sufficient to warrant externment.
The respondents argued that the petitioner is involved in criminal activities and his externment is necessary to maintain public peace.
Ratio Decidendi
An externment order under Section 55-A of the Karnataka Police Act, 1963 must be based on sufficient material showing that the person is a habitual offender or a danger to public peace. Mere registration of two cases, without more, does not justify externment, especially when the person is a permanent resident with family. The order must be proportionate and not arbitrary.
Judgment Excerpts
Heard the learned counsel Sri.A.S.Kulkarni, representing the petitioner and Sri.Rachaiah, learned HCGP representing the respondent.
Present petition is filed under Section 397 r/w 401 of Cr.P.C challenging the order dated 16.12.2015 passed by the Special Executive Magistrate and Deputy Police Commissioner, Mysuru, against this petitioner under Section 55-A of the Karnataka Police Act, 1963.
Petitioner is a permanent resident of Rajendra Nagar, Mysuru city. He is married and has one school going female child aged about 7 years.
Allegation against him is that he is indulging in several criminal activities relating to illegal filling up of gas cylinders and causing danger to the neighbours.
In this regard two cases have been registered against him by the Narasimharaja Police Station, Mysuru in Crime No.10/2014 under Section 41(1)(d) r/w Section 102 of Cr.P.C., and another in Crime No.166/2015 for offences punishable under Section 3(1)(b) and (c) of the Essential Commodities Act, 1955.
Procedural History
The Special Executive Magistrate and Deputy Commissioner of Police, Mysuru, passed an externment order dated 16.12.2015 under Section 55-A of the Karnataka Police Act, 1963, directing the petitioner to be externed from Mysuru city for six months. The petitioner filed a criminal revision petition under Section 397 r/w 401 Cr.P.C. before the High Court of Karnataka challenging the order. The High Court heard the matter on 04.02.2016 and allowed the petition, setting aside the externment order.
Acts & Sections
- Karnataka Police Act, 1963: 55-A
- Code of Criminal Procedure, 1973 (Cr.P.C.): 397, 401, 41(1)(d), 102
- Essential Commodities Act, 1955: 3(1)(b), 3(1)(c)
