Kerala High Court on Externment under the Kerala Anti-Social Activities (Prevention) Act, 2007.

The Kerala High Court upheld an externment order issued against the petitioner under Section 15(1)(a) of the Kerala Anti-Social Activities (Prevention) Act, 2007 [KAAPA], rejecting contentions of delay and improper application of mind. The Court held that proceedings under Section 126 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and externment under KAAPA operate in distinct spheres, and one cannot preclude the other. Finding no procedural infirmity or unreasonable delay, the Court dismissed the writ petition.

1. The petitioner, Ashkar, aged 35, son of Abdul Hakeem, resident of Vazhakalayil Veedu, Neethivilasam Colony, Eriyad, Kodungalloor, Thrissur, filed the writ petition challenging Ext.P1 externment order passed under Section 15(1)(a) of the KAAPA.
2. The order interdicted the petitioner from entering Thrissur District for a period of six months.
3. The petitioner was classified as a “known rowdy” under Section 2(p)(iii) of the KAAPA.
4. The District Police Chief, Thrissur Rural, initiated proceedings on 13 July 2025, following the petitioner’s recurrent involvement in criminal activities, including Crime No. 1191/2025 of Kodungallur Police Station, which alleged offences under Sections 126(2), 115(2), 118(1), 110, and 296(b) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS).
5. The externment order was passed on 29 August 2025 by the Deputy Inspector General of Police, Thrissur Range.

1. The externment order was passed with an improper application of mind and inordinate delay, thereby snapping the “live link” between the last prejudicial activity and the purpose of externment.
2. Since the petitioner was already subjected to proceedings under Section 126 of the BNSS, 2023 (security for good behaviour), the externment order was argued to be redundant and excessive.

1. The Government Pleader contended that the order was passed with due application of mind and without unreasonable delay, based on objective and subjective satisfaction.
2. The externment proceedings and BNSS proceedings serve distinct purposes—one preventive, the other conditional.
3. The order specifically recorded that earlier actions, including the bond under Section 126 BNSS, were insufficient to restrain the petitioner from repeating criminal activities.

1. The Court noted that the last prejudicial activity occurred on 30 June 2025, the petitioner was arrested on 1 July 2025, and released on 9 July 2025. The externment proposal followed on 13 July 2025 and the order was issued on 29 August 2025—a reasonable and prompt timeframe.
2. The Court held that no unreasonable delay occurred that could break the live link between the offences and the externment purpose.
3. Referring to Stalin C.V. v. State of Kerala [2011 (1) KHC 852], the Bench reiterated that externment orders, unlike detention orders, involve a lesser degree of liberty deprivation and are comparable to bail restrictions on movement.
4. The Bench rejected the argument that BNSS proceedings suffice to curb criminal behaviour, clarifying that Sections 126 BNSS and 15(1)(a) KAAPA operate in separate domains.

1. The Court found that the authority had duly considered all materials and arrived at both objective and subjective satisfaction before passing the externment order.
2. Holding that no procedural lapses or constitutional violations were made out, the Court dismissed the writ petition.

1. Section 15(1)(a), Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) – Power to extern persons engaged in habitual anti-social activities.
2. Section 2(p)(iii), KAAPA – Definition of “known rowdy.”
3. Sections 126(2), 115(2), 118(1), 110, 296(b) r/w 3(5), Bharatiya Nyaya Sanhita (BNS), 2023 – Various penal provisions related to public order and criminal conduct.
4. Section 126, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 – Security for good behaviour.
5. Article 226, Constitution of India – Writ jurisdiction of High Courts.

Citation: 2025:KER:80334

Case: Ashkar v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Dr. Justice A.K. Jayasankaran Nambiar & Justice Jobin Sebastian

Date of Decision: 27 October 2025

Writ Petition (C) No.: 37737 of 2025