Karnataka HC strikes down notification empowering SPs to issue externment orders under Police Act
The Karnataka High Court has struck down a state government notification that granted Superintendents of Police the authority to issue externment orders. The court ruled that such powers are legally reserved for District Magistrates and specific police commissioners under the Karnataka Police Act.
Why it matters
This ruling reinforces the principle of statutory authority, preventing executive overreach by ensuring that police powers are exercised only by officials explicitly designated by law.
The High Court of Karnataka has struck down a notification issued by the State government in November last year empowering Superintendents of Police (SPs) in districts to pass externment orders under the Karnataka Police (KP) Act, 1963. Referring to Section 55 of the Act, the court said the law empowers only the Police Commissioner in Bengaluru and other commissionerate cities, the District Magistrate in other areas, and a Sub-Divisional Magistrate, if specially empowered, to pass externment orders.
Justice Sachin Shankar Magadum passed the order while striking down the State government’s November 18, 2025, notification empowering Superintendents of Police to pass externment orders under the Act.
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