Makdum @ Makshum Shariff vs The State Of Karnataka
2023 Latest Caselaw 5320 Kant

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                                              NC: 2023:KHC:27486
                                               WP No. 12484 of 2023



             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 4TH DAY OF AUGUST, 2023

                                    BEFORE

                 THE HON'BLE MR JUSTICE KRISHNA S DIXIT

              WRIT PETITION NO. 12484 OF 2023 (GM-POLICE)

             BETWEEN:

             MAKDUM @ MAKSHUM SHARIFF,
             S/O REHMAN SHARIF,
             AGED ABOUT 32 YEARS,
             RESIDENT NEAR ISRA SHADIMAHAL,
             SADASHIVANAGAR,
             TUMKUR SUB-DIVISION,
             TUMKUR - 572 101.
                                                         ...PETITIONER
             (BY SRI. SIRAJUDDIN AHMED.,ADVOCATE)

             AND:

             1. THE STATE OF KARNATAKA,
                BY HOME DEPARTMENT,
Digitally
                REP BY ITS PRINCIPAL SECRETARY
signed by       TO GOVERNMENT,
SHARADA
VANI B          VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI,
Location:       BENGALURU - 560 001.
HIGH COURT
OF
KARNATAKA
             2. THE DEPUTY COMMISSIONER,
                TUMKUR SUB-DIVISION,
                TUMKUR - 572 101.

             3. THE ASSISTANT COMMISSIONER &
                SUB-DIVISIONAL MAGISTRATE,
                TUMKUR SUB-DIVISION,
                TUMKUR - 572 101.

             4. THE SUPERINTENDENT OF POLICE,
                TUMKUR SUB-DIVISION, TUMKUR - 572 101.
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                                  NC: 2023:KHC:27486
                                    WP No. 12484 of 2023



5. THE POLICE INSPECTOR,
   TUMKUR SUB-DIVISION,
   TUMKUR - 572 101.
                                          ...RESPONDENTS
(BY SRI.B V KRISHNA.,AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASHING ANNEXURE-A THE ORDER DATED 15/04/2023
PASSED BY THE R3 BEARING NO MAG 04 2022 EXTERNING
THE PETITIONER TO BANGALORE CITY DISTRICT FROM
TUMKUR DISTRICT FOR A PERIOD OF 6 MONTHS FROM
25/04/2023 TO 15/10/2023 WHICH IS PRODUCED ABOVE AND
ALL FURTHER PROCEEDINGS THERETO.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Petitioner is knocking at the doors of Writ Court for

assailing the order dated 15.04.2023, a copy whereof

avails at Annexure A whereby the 3rd Respondent - Asst.

Commissioner has directed his externment from Tumkur

District to Bengaluru District for a period of six months.

Learned counsel for the Petitioner argues that his client

being an innocent citizen, is law abiding and that he has

been acquitted in all the cases; the law providing for

externment as enacted in the Karnataka Police Act, 1963

is archaic in nature and therefore, should receive human

construction. He also submits that the externment order

NC: 2023:KHC:27486 WP No. 12484 of 2023

is made in gross violation of the constitutional guarantees

enacted in Articles 19 & 21.

2. Learned AGA appearing for the official

Respondents opposes the Petition vehemently contending

that the Petitioner had been involved in several criminal

cases and one of them related to NDPS offences; although

he has been acquitted in some of these cases, the same is

not an honourable acquittal; he hastens to add that an

acquittal granted for want of cogent evidence does not

preclude the jurisdiction of the authorities to direct in

externment when activities of such persons disturbed the

social harmony & public health. He also contends that the

constitutional guarantees are not absolute and that

reasonable restrictions can be imposed even on the

Fundamental Rights of the citizen. So contending, he

seeks dismissal of the Writ Petition.

3. Having heard the learned counsel for the parties

and having perused the Petition Papers, this court is

broadly in agreement with the submission of the learned

NC: 2023:KHC:27486 WP No. 12484 of 2023

AGA. The submission of petitioner's counsel that his client

is an honest gentleman and law abiding, is difficult to

countenance, admittedly he having been charge sheeted

for heinous offences including the one relating to NDPS.

Learned counsel for the petitioner has not produced the

orders of acquittal if any to demonstrate that his client has

been set at free on the basis of honourable acquittal and

not for the want of evidence. There is no reason to assume

that the petitioner has been honourably acquitted in all the

cases.

4. Learned AGA is more than justified in

contending that the power to extern anti-social elements is

not denuded merely because a charge sheeted offender

has been discharged by the criminal court by giving the

benefit of doubt and for the want of cogent evidence to

prove the guilt to the hilt. It is not that the petitioner has

been selectively discriminated; this court has been seeing

several such orders passed by the competent authorities

for the purpose of maintaining peace & tranquility in the

NC: 2023:KHC:27486 WP No. 12484 of 2023

society. Learned AGA is right in contending that the

Fundamental Rights is not absolute and that reasonable

restrictions can be imposed on them by law. An

externment order is a product of discretion legislatively

vested in the authorities who know the antecedents of

persons residing in their jurisdiction. Such orders need not

be very elaborate like the court judgments.

5. Learned counsel appearing for the petitioner

does not dispute the involvement of his client in several

criminal cases. Merely because the offender has secured

acquittal, it does not mean that he has become law

abiding. The jurisdictional police have furnished necessary

inputs to the competent authority who has made the

impugned order on that basis. In matters like this, the

authorities need to be conceded a greater leverage and

therefore, court should be loathed to grant interference

just for an askance.

In the above circumstances, this Writ Petition being

devoid of merits is liable to be dismissed and accordingly it

NC: 2023:KHC:27486 WP No. 12484 of 2023

is, costs having been made easy. However, it is open to

the petitioner to appeal against the impugned order before

the competent authority who, if filed, shall decide the

same without being influenced by the observations

hereinabove made. All contentions are kept open.

Sd/-

JUDGE cbc