Overview
- Justice M. Nagaprasanna on November 25 set aside the Dharwad Deputy Commissioner’s November 4 order barring Sri Adrushya Kadeshwara Swami from entering the district between November 3 and January 3.
- The judge termed the order wholly indefensible and unsustainable when measured against principles governing prohibitory orders under the recast Section 163.
- The bench noted the authority had 96 hours to issue notice after receiving a representation yet proceeded ex-parte without recording subjective satisfaction of any emergent risk.
- The court said Dharwad officials improperly relied on the Vijayapura ban despite a Supreme Court caveat that it should not justify externment from other districts, while the Vijayapura restriction itself remains upheld.
- The restraint’s two-month span was found manifestly excessive given the seer’s planned three-day programme, with the Dharwad action traced to a local group’s representation following protests over his alleged remarks in Maharashtra.