HC strikes down govt notification empowering SPs to order externment

Bengaluru: The Karnataka High Court has ruled that district police superintendents (SPs) do not have the authority to order the externment of individuals under the Karnataka Police Act, 1963. The court has consequently quashed the state government notification that sought to confer such powers on SPs. Justice Sachin Shankar Magadum passed the order while hearing a petition filed by Chandrakant Shankar Vadder, a resident of Nippani in Belagavi district, challenging an externment order issued against him by the Belagavi SP.

The court observed that Sections 55 and 56 of the Karnataka Police Act provide for externment of persons considered likely to commit offences or those who have been convicted of certain offences.

However, the law identifies police commissioners as the competent authorities in Bengaluru and other commissionerates. In other areas, such powers can be exercised by the Deputy Commissioner or Assistant Commissioner, as authorised under the Act.

The bench held that the executive cannot expand statutory powers through a government notification and confer authority on an officer who has not been designated under the legislation. Referring to the Supreme Court’s ruling in the Sangeeta Suryavanshi case, the court said a government circular or notification cannot override or travel beyond the provisions of the parent legislation.