Thiruvananthapuram : The Kerala High Court has observed that imposing an externment order on an individual has ‘heavy bearing on the personal as well as fundamental rights of a citizen’, The Indian Express reported.
Setting aside the order passed by the police authorities, a bench of Justices A K Jayasankaran Nambiar and Jobin Sebastian made it clear on January 5 that ‘Such an order would certainly restrict the free movement of a citizen, and he would be even prevented from entering his house’.
The ruling came responding to a writ petition filed by a 29-year-old Palakkad resident who challenged the order, passed under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P) Act), after it barred him from entering the limits of Palakkad district for six months.
‘Undisputedly, an order of externment has a heavy bearing on the personal as well as fundamental rights of a citizen. Such an order would certainly restrict the free movement of a citizen, and he would be even prevented from entering his house,’ the bench reportedly said.
Having classified him as a ‘known rowdy’, the police passed the order relying on three criminal cases filed on May 10, 2025 in Kollengode Police Station charging him with ‘126 (2) (wrongful restraint) 115(2) (voluntarily causing hurt), 118(1) (causing hurt using dangerous weapons or means) and 110 (Attempt to Commit Culpable Homicide)’ under various provisions of the Bharatiya Nyaya Sanhita.
Following his arrest two days later and release on bail on June 30, 2025, the district police chief submitted a proposal for externment, thus it came into effect on July 31, 2025.
The counsel for the petitioner, Advocate TK Sandeep, argued that the order was placed mechanically, adding that authorities failed to examine whether the stringent conditions, based on which he was granted bail, were sufficient to prevent any recurrence of criminal activity.
Advocate KA Anas, the government pleader for the state, opposed the plea saying that the externment order was placed after due consideration of material on record alongside in compliance with ‘procedural safeguards’.