INAYATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, an under trial on bail in multiple criminal cases is knocking at the doors of Writ Court to assail the externment order dtd. 8/3/2023 made by the 3rd respondent-Assistant Commissioner cum Sub- Divisional Magistrate, at Annexure-A, whereby he has been banished from Kollegala Sub-Division to Bellary District for a period of six months. Learned counsel for the petitioner vehemently argues that this order is bad for non-application of mind, violation of principles of natural justice, infraction of the provisions of the Karnataka Police Act, 1963 and constitutional guarantees under Articles 19(1) and 21. He also presses into service a medical certificate issued by Noor Clinic about diabetes, hypertension & urinary tract infection.

(2.) Learned AGA on request appearing for the respondents vehemently opposes the petition making submission in justification of the impugned order and the reasons on which it has been structured. He points out several criminal cases including murder of four persons by using dangerous weapons; the jurisdictional Police Inspector has collected necessary information about deviant behaviour of the petitioner as to threaten the peace & tranquility of the society; he also points out the Show Cause Notice & representation of the petitioner by a lawyer of his choice in the externment proceedings. He also mentions that the medical certificate issued by a Homeopath namely Dr.Kareemullah does not reflect any serious diseases as would warrant petitioner's presence in his native place. Learned AGA seeks dismissal of the writ petition on the ground that the Constitutional jurisdiction avails in cases of the kind only in favour of gentlemen and not rogues.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter for the following reasons: