KARNATAKA HIGH COURT: EXTERNMENT ORDER NOT VALID IF COMPETENT AUTHORITY FAILS TO CONSIDER OBJECTIVE MATERIAL OR THE RECORD SUBJECTIVE SATISFACTION

The Karnataka High Court in the case Mali Rizwan And State of Karnataka & Others observed and has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing of an order of externment.

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The single bench headed by Justice T G Shivashankare Gowda in the case observed and has partly allowed the plea moved by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of Kundapura to the Sagara Sub-Division for the period of three months.

The court stated that the objective material relied on is only the police report for subjective satisfaction and that the Non-compliance of Section 56 of the K.P. Act (Karnataka Police Act) is imminent. Therefore, the impugned order lacks subjective satisfaction and the test of reasonableness.