‘Externment order needs better application of mind’

Bengaluru: An order of externment curtails the fundamental right of movement of a person against whom it is passed and therefore, it requires higher degree of consideration, application of mind and strict adherence to the procedure stipulated in terms of the Karnataka Police Act, the high court observed in a recent judgment.V Muniraju, who runs a mobile canteen in Chikkaballapur, was barred from entering the district by an order passed by the district magistrate on April 10, 2023. Police claimed he was involved in five cases of matka/gambling, registered under section 78(3) of the Karnataka Police Act, during 2018-2020. However, challenging the same, Muniraju argued that he was not convicted in any of the cases and four of them have already been closed after payment of fine.After going through contentions, Justice M Nagaprasanna pointed out that what is invoked is Section 55 of the Karnataka Police Act and none of the provisions of IPC is found in the order of externment. “All that the order refers to is that the offence is punishable under section 78(3) of the Act, in which the petitioner is not convicted and therefore, the order of externment suffers from non-application of mind,”he observed while allowing the plea and quashing the externment order issued against Muniraju.