BENGALURU: The Karnataka High Court declared illegal the notification issued by the state government empowering the Superintendent of Police (SP) to pass orders of externment under the Karnataka Police Act, 1963.
“The conferment of powers under Sections 55 and 56 of the Act, 1963, upon the SP under the notification dated November 18, 2025 is without jurisdiction and contrary to the express scheme of the Act, 1963. The notification, insofar as it purports to confer such jurisdiction upon the SP, is therefore liable to be declared non est and a nullity”, the court observed.
Justice Sachin Shankar Magadum made the comments while allowing the petition filed by Chandrakant Shankar Vaddar, who approached the High Court challenging the notification dated November 18, 2025, issued by the Home Department conferring jurisdiction upon the Superintendent of Police to exercise powers under Section 55 of the Karnataka Police Act, 1963.
Consequently, he prayed to declare the impugned notification non-est and sought quashing of the order of externment dated April 28, 2026, passed by the SP of Belagavi.
The court noted that the reading of Section 55 of the Karnataka Police Act, 1963 (Removal of persons about to commit offences) makes the legislative scheme abundantly clear.
The legislature, in its wisdom, has specifically identified the authorities competent to exercise jurisdiction under Section 55 of the Act. Within the City of Bangalore and other areas for which a Commissioner has been appointed under Section 7 of the Karnataka Police Act, 1963, the power is vested in the Commissioner. In other areas, the power may be extended by the government, by notification in the official gazette, only to the district magistrate or the sub-divisional magistrate having jurisdiction and specially empowered by the government in that behalf, the court said.
To a query by the court, the additional government advocate submitted that the notification dated November 18, 2025, has not been published in the official gazette.