Person cannot be externed without a report of charges against him: HC

NT Correspondent

Bengaluru: The High Court has said that principles of natural justice demand that a person against whom an order of externment is passed should be provided with a report on why such an action is taken against him.

Allowing a petition by a person against whom the externment order was passed, the HC said, “In the light of the admitted fact that there is no report furnished to the petitioner along with the show cause notice, the petition deserves to succeed on that solitary ground.”

The HC in its judgment said that it is the least that a person against whom the order is passed should be allowed to know.

“In the light of the admitted fact that there is no report appended to the show cause notice, which is in violation of principles of natural justice, as the person against whom the fundamental right is sought to be taken away be in the least is entitled to know, what is the report against him, that has led to an order of externment,” the singlejudge bench of Justice M Nagaprasanna said in his judgement on a petition filed by one Shakeeb aka Mohammed Shakeebulla.

Shakeeb’s petition was against the Paper Town Police Station and the Assistant Commissioner of Shivamogga sub-division who had passed an externment order against him on March 13, 2023 exiling him from Shivamogga district to Davangere district for a period of one year.

Shakeeb claimed to be coolie. The allegation against him was that he was involved in several crimes.

The Government advocate pointed to the court that there were seven cases against him and one of them was still pending trial. In other cases he was acquitted or the case closed after acceptance of a fine.