The Karnataka High Court (Dharwad Bench) has struck down a prohibitory order issued by the Deputy Commissioner, Dharwad, which had barred Adrushya Kadeshwara Swamiji from entering Dharwad district for two months. The order, issued on November 4, imposed a ban on the Swamiji’s entry from November 5 until January 3, on the basis that certain statements attributed to him could incite communal disharmony and disturb public order. The ban was issued under Section 163(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in response to a representation made by a local religious-organization claiming risk to harmony.
Challenging this order, the Swamiji filed a writ petition. The Court, after hearing arguments, allowed the petition through Justice M. Nagaprasanna, holding that the prohibitory order was legally unsustainable. The Court found that the order was “devoid of reasons,” based on conjecture, and imposed a restraint of manifestly excessive duration without evidence of any immediate threat. The Court emphasized that when fundamental rights — particularly the right to movement within the territory of the state — are curtailed by preventive detentions or prohibitory orders, the authority must record detailed reasons and material that justifies such restrictions. In this case, no material was placed on record to show a present or imminent danger that justified barring the Swamiji’s entry for two months.
In its judgment, the Court pointed out that the impugned order relied heavily on a prior order passed by another bench in a different district, without any independent assessment or fresh evidence relating to the Dharwad context. The authorities had apparently issued the ban by merely extending the reach of that earlier order, without verifying whether the grounds persisted or applied in Dharwad. The Court held that such reliance is improper: an order of preventive or prohibitory character cannot be based solely on administrative convenience or prior pronouncements; it must be grounded in specific and fresh material particular to the time and place of the restriction.
The Court also noted that the duration of the ban (two months) was grossly disproportionate to the period of alleged concern. According to the petition, the event around which the prohibition was issued was scheduled for three days (from November 5 to November 7). Extending the restriction for two months far beyond the duration of the event lacked justification and violated the principle of proportionality inherent in preventive legislation. The Court held that power under BNSS — or any preventive statute — must be exercised sparingly and in strict compliance with constitutional safeguards; preventive measures must be temporally and spatially limited to what is strictly necessary.
During the hearing, the petitioner’s counsel furnished an undertaking on behalf of the Swamiji that he would not incite disharmony or engage in unlawful acts, and would conduct any public engagements with restraint and in compliance with law. The Court accepted this undertaking and observed that in the absence of credible evidence to the contrary, preventive suppression of fundamental rights cannot be sustained on mere apprehensions or vague allegations.
As a result, the Court quashed the prohibitory order in its entirety and declared that all actions taken under the order — including restrictions on the Swamiji’s movement — are invalid. The petition was allowed, and the Swamiji’s fundamental right to move freely and enter Dharwad district was restored. The Court’s ruling reaffirmed that the authority to restrict movement under preventive laws must be exercised only on the basis of concrete, contemporaneously recorded material, with clear reasoning, and for a duration no longer than strictly necessary. The judgment underscored the constitutional principle that restrictions on liberty must be precise, reasoned, proportionate, and based on verifiable facts — not on speculation or administrative convenience.
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