Karnataka High Court Stays Externment Order Against BSc Student For Two Weeks To Allow Him Appear For Scheduled Examinations

Coming to the aid of a student pursuing B.Sc course, the Karnataka High Court has stayed for two weeks the execution and operation of the externment order passed by the Assistant Commissioner, against him, to enable him to appear for examinations.

A single judge bench of Justice Sachin Shankar Magadum sitting at Dharwad bench disposed of the petition filed by Siddu (20), who had approached the court questioning the Assistant Commissioner’s order passed under Section 55 of the Karnataka Police Act, externing him from Jamakhandi to Sedam Taluk on the ground that there is reasonable apprehension that he would engage in commission of offences.

The petitioner contended that he is pursuing B.Sc. Course and his examinations are scheduled to commence from 22.02.2023 and end on 8.4.2023. He argued that the impugned order is arbitrary and in the absence of material on record warranting externment of the petitioner from Jamkhandi.

The government advocate opposed the plea submitting that the present writ petition is not maintainable as the petitioner has remedy of appeal.

“Having regard to the fact that the petitioner is pursuing his studies and his exams are scheduled to commence from 22.02.2023 and end on 8.4.2023, this Court is of the view that the petitioner is entitled for some protection,” the bench said.

While relegating the petitioner to avail remedy of appeal, the court said it deems it fit to stay the execution and operation of the impugned order passed by the Assistant Commissioner "for a period of two weeks from today enabling the petitioner to appear for scheduled examinations."

The court directed the student to give an undertaking before the Assistant Commissioner that he will not indulge in any activities which would attract Section 55 of the Act, 1963.

Case Title: Siddu And State of Karnataka

Case NO: WRIT PETITION NO. 102074 OF 2023

Citation: 2023 LiveLaw (Kar) 128

Date of Order: 28-03-2023

Appearance: Advocate Raja Raghavendra V Naik for petitioner.

Advocate Prashanth V Mogali for respondents.

Click Here To Read/Download Order