The Karnataka High Court in the case Siddu And State of Karnataka observed while coming to the aid of a student pursuing B.Sc course and has stayed for two weeks the execution and operation of the externment order being passed by the Assistant Commissioner, against him, wherein enabling him to appear for the examinations.
The Single judge bench headed by Justice Sachin Shankar Magadum wherein siting at the Dharwad bench disposed of the plea filed by Siddu (20), who approached the court wherein questioning the Assistant Commissioner’s order passed under Section 55 of the Karnataka Police Act and externing the student from Jamakhandi to Sedam Taluk on the ground that there being no reasonable apprehension that the student is engaged in commission of offences.
It has been contended by the petitioner that the student is pursuing B.Sc. Course and the student examination is scheduled to commence from 22.02.2023 and end on 8.4.2023. It has also been argued by him that the impugned order is arbitrary and in the absence of the material on record wherein warranting externment of the petitioner from Jamkhandi. The petition filed is also been opposed by the government advocate wherein submitting that the present writ petition is not maintainable as the petitioner has remedy of appeal.
The bench stated with regards to the fact that the petitioner is pursuing his studies and his exams are being scheduled to commence from 22.02.2023 and end on 8.4.2023, the said court is of the view that the petitioner in the plea is being entitled for some protection.
The court also related to the petitioner in order to avail the remedy of appeal, the court stated that it deems it fit to stay the execution and operation of the impugned order passed by the Assistant Commissioner which being for a period of two weeks from today enabling the petitioner to appear for scheduled examinations. It has also been directed by the petitioner in the plea that the student is to give an undertaking before the Assistant Commissioner that the student will not indulge in any activities and the same would attract Section 55 of the Karnataka Police Act, 1963.