High Court Strikes Down Karnataka Government's Notification Empowering SPs to Issue Externment Orders

The High Court of Karnataka has quashed a government notification that empowered Superintendents of Police (SPs) in various districts to issue externment orders under Section 55 of the Karnataka Police Act, 1963. Justice Sachin Shankar Magadum issued the ruling while allowing a petition challenging an externment order passed by the Belagavi SP against a resident of Nippani town. In its judgment, the High Court clarified that Section 55 of the Karnataka Police Act explicitly vests the statutory authority to issue externment orders only in Police Commissioners within commissionerate cities, District Magistrates in other regions, or specifically empowered Sub-Divisional Magistrates. The court emphasized that executive instructions and notifications cannot override, alter, or substitute the specific statutory framework established by the state legislature. The bench observed that the office of a Superintendent of Police cannot be equated with a District Magistrate or Sub-Divisional Magistrate through administrative delegation. By striking down the executive notification issued in November 2025, the High Court re-established the statutory limits governing administrative powers. The decision ensures that executive authorities do not exceed legislative mandates when exercising powers that restrict individual liberties, reinforcing judicial oversight on public administration across Karnataka.