SRI.SHIVANAND Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are residents of Mudhol town, Mudhol taluk in Bagalkot district. All the 9 petitioners have come up in these 9 petitions impugning the order dated 3.9.2016 passed in each case by the Assistant Commissioner of Jamakhandi who is also Sub-Divisional Magistrate of Jamakhandi, who by his order dated 3.9.2016 has exterminated the petitioners from the District of Bagalkot for a period of three months from 3.9.2016 to 3.12.2016, on the premise that they are habitual offenders creating commotion and unrest in the society, particularly when there are religious and social function in the town of Mudhol.

(2.) Notice is given to each one of them under Section 55 of the Karnataka Police Act, 1963 calling for objections, if any, so as to why they should not be exterminated from the town of Mudhol. Though under Section 58 of the said Act there is a right to petitioners herein, for filing objections and also producing witnesses to adduce evidence in support of their defence not to be exterminated from the said town, they have not utilized the same except filing objections. The Assistant Commissioner who is also Sub- Divisional Magistrate of Jamakhandi after considering the said objection has passed the order impugned in each of the cases exterminating the petitioners from the town of Mudhol for a period of three months from 3.9.2016 to 3.12.2016 which are challenged in these petitions.

(3.) The records would disclose that initially an order of stay was granted on 15.9.2016 which is extended from time to time till 22.11.2016 on which day this Court directed the learned HCGP to furnish particulars of pending litigations against the petitioners in each case for the period from 2015 to the date of filing of separate petitions in each case. Accordingly this day a memo is filed by the learned HCGP indicating the number of cases, which are pending against each one of them not only for the period of 2015-16, for earlier period also.