Court Rules Notification Lacked Legal Validity Due to Absence of Gazette Publication, Voids Externment Order
The Karnataka High Court, Dharwad Bench, has delivered a significant judgment in the case of Chandrakant Shankar Vaddar v. State of Karnataka, nullifying a notification that conferred powers upon the Superintendent of Police to exercise jurisdiction under Sections 55 and 56 of the Karnataka Police Act, 1963. The writ petition, decided on August 24, 2026, was presided over by Justice Sachin Shankar Magadum.
The core issue revolved around the validity of the notification dated November 18, 2025, which attempted to delegate statutory powers to the Superintendent of Police. The Court found the notification invalid as it was not published in the Official Gazette, a requirement under Section 55 of the Act, 1963. The notification was thus declared non-est and a nullity.
The statutory scheme under Sections 55 and 56 of the Karnataka Police Act identifies specific authorities, such as the Commissioner, District Magistrate, and Sub-Divisional Magistrate, as competent to exercise these powers. The Court emphasized that the statutory provision does not allow for the delegation of these powers to a Superintendent of Police, who is not included in the list of designated authorities.
Justice Magadum pointed out that statutory notifications must adhere to the legislative requirements, including publication in the Official Gazette, to gain legal efficacy. The absence of such publication rendered the notification incapable of conferring jurisdiction to the Superintendent of Police, thereby making any actions based on this invalid notification, such as the externment order dated April 28, 2026, void.
Furthermore, the Court clarified that even if the notification had been published in the Gazette, it could not have lawfully designated the Superintendent of Police as the authority to exercise powers under Sections 55 and 56, due to the express statutory language restricting such powers to specific roles.
The judgment reiterated the principle that executive instructions or notifications cannot amend or contravene the provisions of the parent statute. The Court thereby quashed the externment order against the petitioner, Chandrakant Shankar Vaddar, issued by the respondent authorities.
In conclusion, the Karnataka High Court's decision underscores the importance of adhering to statutory procedures and the limits of executive power in delegating statutory authority. This ruling serves as a reminder of the judiciary's role in upholding the rule of law and statutory compliance.
Bottom Line:
Notification conferring powers under Sections 55 and 56 of the Karnataka Police Act, 1963, upon the Superintendent of Police without publication in the Official Gazette is invalid and contrary to the statutory scheme.
Statutory provision(s): Karnataka Police Act, 1963 Sections 55 and 56
