Karnataka HC Directs Reconsideration Of Nurse’s Representation For Release Of Passport Seized For Travelling To India From Yemen Despite Ban

The Karnataka High Court directed reconsideration of representation of nurse for release of her passport which was seized because she travelled to India from Yemen, despite ban.

The said woman filed a writ petition seeking direction by issuance of a writ of mandamus to release her seized passport.

A Single Bench of Justice M. Nagaprasanna ordered, “In the light of the aforesaid answer by the Minister for External Affairs, I deem it appropriate to permit the petitioner to submit a detailed representation to the Regional Passport Officer, in whose custody the passport of the petitioner is, to consider the case of the petitioner strictly in consonance with what is observed in the course of the order, as also the orders passed by the High Court of Kerala and the High Court of Delhi. Therefore, the writ petition deserves to succeed, albeit in part, only for a direction for consideration of the representation of the petitioner, for redressal of the grievance.”

Advocate S. Sushant Venkatesh Pai appeared for the petitioner while Deputy Solicitor General of India H. Shanthi Bhushan appeared for the respondents.

Factual Background -

The petitioner who had a Diploma in General Nursing and Midwifery was a qualified Nurse by avocation. In search of a job, she was shown a job opportunity in Yemen as a staff nurse and she joined the hospital. Later, she secured a better job than the previous ones as a Nurse in Yemen itself. She was residing there for the said work and used to visit India intermittently. During her stay in Yemen, the passport that she had in her possession was to expire and hence, she approached the Indian Embassy over there, which issued her a fresh passport with a validity of 10 years till September 29, 2029.

The petitioner’s father had fallen seriously ill and was diagnosed with stomach cancer. For the said reason, she travelled back to India from Yemen in August 2023. At the International Airport, Delhi, the Immigration Authorities seized her passport on landing, on the ground that her travel itself was in violation of the notification issued by the Government of India which prohibits Indian citizens travelling from Yemen. Due to such seizure of her passport in terms of the government notification, she was before the High Court.

The High Court in the above regard said, “The passport issuing authorities are directed to process release of passports in cases which are covered under the Notification on the aforesaid three conditions. It would not be inapposite to mention that a starred question was raised in the Rajya Sabha. … The reply is, any Indian citizen whose passport has been seized for travel to Yemen despite the travel ban can approach the respective authorities for release of the passport. The Government would take a compassionate view is what is replied to. It also indicates that 169 passports of the kind have already been released.”

The Court observed that it would not enter into doing any violence to the government notification being issued in furtherance of security of the nation. It noted that if any notification or law is brought into force for the purpose of nation’s security, courts exercising jurisdiction under Article 226 of the Constitution would be loathe to even consider such cases, as the nation’s security is paramount.

“… though the Notification is not under challenge in the case at hand. Nevertheless, it is the interpretation of the Notification that is projected by the petitioner”, it added.

Accordingly, the High Court partly allowed the writ petition.

Cause Title- Shany Jose v. The Union of India & Ors.

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