DIVAKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved by the second respondent's order under Sec. 55 of the Karnataka Police Act, 1963 [for short, 'the Police Act']. The second respondent has directed the petitioner's externment from Hassan District for the period between 11/7/2025 and 11/1/2026. Mr. Sathisha D.J., the learned counsel for the petitioner, and Mrs. K. P. Yashodha, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, are heard for final disposal of the petition.

(2.) Mr. Sathisha D.J. submits that the petitioner is issued with Show Cause Notice of the proceedings under Sec. 55 of the Police Act, but without a Report from the Jurisdictional Police on the reasons for externment order. On the petitioner's case that there is denial of due opportunity, which is inherent in the provisions of Sec. 58 of the Police Act, the learned counsel submits that:

(3.) Mr. Sathisha D.J. further emphasizes that the petitioner, as is provided under the provisions of Sec. 58 of the Police Act, must be informed in writing the material allegations and the reason for the proposed externment. The petitioner is not issued with the details of the proceedings, which becomes the basis for the impugned order. The learned counsel, when queried, is categorical that the Show Cause Notice did not mention the proceedings which form the basis.