Externment Order - Delay in initiating externment proceedings can undermine the validity of the order
Kerala High Court Quashes Externment Order Due to Unexplained Delay. Judgment emphasizes the importance of timely action and adherence to natural justice in externment proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007.
News Report:
In a significant ruling, the Kerala High Court has set aside an externment order against Manudevan, citing an unjustifiable delay in the initiation and execution of proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAA(P) Act). The judgment, delivered by a bench comprising Dr. A.K. Jayasankaran Nambiar and Jobin Sebastian, underscores the necessity for prompt action and adherence to principles of natural justice in cases involving the restriction of personal liberties.
The case revolved around an externment order dated April 30, 2025, which restrained Manudevan from entering the jurisdiction of the District Police Chief, Thrissur Rural, for six months. The order was based on the petitioner’s alleged involvement in multiple criminal activities, the most recent being registered on November 10, 2024.
The court noted a delay exceeding three months between the petitioner’s release on bail and the proposal for externment proceedings. In its judgment, the court emphasized that undue delay without a plausible explanation undermines the validity of an externment order. The court asserted that technological advancements should enable the timely collection of necessary details, and any delay severs the connection between the last prejudicial activity and the purpose of the externment.
The court further highlighted that while some delay is inevitable to ensure adherence to natural justice principles, an unexplained delay cannot be justified. The judgment referenced the case of Stalin C.V. v. State of Kerala, reaffirming that externment orders must be based on credible evidence and timely action.
Legal experts view this ruling as a reinforcement of the judiciary’s commitment to safeguarding individual rights against arbitrary actions by authorities. The judgment serves as a reminder to law enforcement agencies to act swiftly and transparently, ensuring that the principles of natural justice are upheld in proceedings that impinge on personal freedoms.
Bottom Line:
Delay in initiating externment proceedings can undermine the validity of the order, especially when no plausible explanation is provided for the delay. Principles of natural justice must be adhered to, and undue delay can sever the live link between the last prejudicial activity and the purpose of the externment.
Statutory provision(s): Kerala Anti-Social Activities (Prevention) Act, 2007 Section 15(1)(a), Section 2(p)(iii), Bharatiya Nyaya Sanhita Sections 126(2), 115(2), 309(6), 296(b) r/w 3(5).
Manudevan v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2779823
