The Karnataka High Court came to the aid of a student pursuing B.Sc course, 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. The was in the case of Siddu v. State of Karnataka (WRIT PETITION NO. 102074 OF 2023) and was presided over by single judge bench of Justice Sachin Shankar Magadum.
FACTS OF THE CASE:
The captioned writ petition is filed by petitioner feeling aggrieved by the order passed by respondent No.4/Assistant Commissioner under Section 55 of the Karnataka Police Act, 1963 (for short, ‘Act, 1963’) in externing the petitioner from Jamakhandi to Sedam Taluk on the ground that there is reasonable apprehension that the petitioner would engage in commission of offences. The said order is challenged at the instance of the petitioner by contending that he is pursuing B.Sc. Course and his examinations are scheduled to commence from 22.02.2023 and end on 8.4.2023. Therefore, petitioner is before this Court seeking urgent relief at the hands of this Court by specifically contending that impugned order passed by Assistant Commissioner is arbitrary and in the absence of material on record warranting externment of the petitioner from Jamkhandi.
JUDGEMENT:
The Court held that “while relegating the petitioner to avail remedy of appeal, this Court 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. This order shall be in force only for a period of two weeks. The petitioner shall give an undertaking before the Assistant Commissioner that he will not indulge in any activities which would attract Section 55 of the Act, 1963.”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA
