Karnataka HC quashes notification allowing SPs to pass externment orders

The Karnataka High Court has struck down a state government notification that empowered Superintendents of Police (SPs) to issue externment orders under the Karnataka Police Act. The ruling clarifies the legal authority for such orders, which are used to remove individuals from a specified area for a defined period.

The court held that the existing law vests the power to pass externment orders exclusively with the Police Commissioner in Bengaluru and other commissionerate cities. In areas outside these city limits, the authority rests with the District Magistrate. Additionally, a Sub-Divisional Magistrate can exercise this power only if specially empowered to do so.

By issuing the notification, the government had sought to extend this authority to SPs. The High Court's decision invalidates that move, reaffirming the original statutory framework that designates specific officers for this purpose. The judgment is expected to impact how externment proceedings are initiated across the state, ensuring they are only carried out by officers explicitly authorised under the law.