IMPORTANT POINT
The court established that individuals affected by travel restrictions can seek relief through representations, emphasizing the need for compassionate consideration in enforcing national security measures.

ORDER :

(M. Nagaprasanna, J.)

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to release passport of the petitioner issued on 30-09-2019 which is presently seized and withheld by the respondents in terms of the seizure memo dated 20-08-2023.

2. Heard Sri S.Sushant Venkatesh Pai, learned counsel for the petitioner and Sri H.Shanthi Bhushan, learned Deputy Solicitor General of India appearing for the respondents.

3. The facts, in brief, germane are s follows:-

The petitioner who has a Diploma in General Nursing and Midwifery is a qualified Nurse by avocation. The petitioner in search of a job is shown a job opportunity in Yemen at Al-Noor Hospital Aibb city as a staff nurse. She joins the said Hospital at Yemen in February 2011; works there for about 9 years; secures another job at Kara General Hospital, Marib again in Yemen. She works there up to July 2022 and later secures a better job as a Nurse at Shabwa General Hospital again at Yemen. The petitioner has been residing at Yemen for the aforesaid work and would used to visit India intermittently. The petitioner is said to have visited India on two occasions viz., in the months of April, 2014 and December, 2020. During her stay in Yemen passport that she had in her possession was to expire and accordingly she approaches the Indian Embassy at Yemen which issues fresh passport to the petitioner with a validity of 10 years till 29-09-2029.

4. The father of the petitioner is said to have fallen seriously ill and was diagnosed with stomach cancer. For the said reason, she travelled back to India from Yemen on 19-08-2023 and lands at International Airport at Delhi to visit her father. The Immigration Authorities seized her passport on landing on the ground that her travel itself was in violation of the Notification issued by Government of India which prohibits Indian citizens travelling from Yemen. It is the seizure of the passport in terms of the Notification that has driven the petitioner to this Court in the subject petition.

5. The learned counsel for the petitioner would vehemently contend that the petitioner is a Nurse. She does not know issuance of a notification or otherwise. It is not for the first time that she travels to India and back to Yemen. She had done so twice. No Immigration Authorities have stopped the petitioner from travelling from Yemen. It is only now in 2023, for the first time, alleging that it is in violation of the Notification the passport is seized. After the seizure of the passport a show cause notice is issued seeking the petitioner to explain why she travelled to Yemen. The petitioner has also submitted her written response to the show cause notice. Since the passport is not de-seized, the petitioner is before this Court.

6. Per contra, the learned Deputy Solicitor General of India would vehemently oppose the petition to contend that the passport of the petitioner cannot be handed over to her as there is express bar under the Notification that one who travels to Yemen contrary to the Notification would face seizure of the passport for a period of seven years and, therefore, the passport cannot be returned. He would further contend that instead of approaching this Court, a representation should have been given to the Passport Authorities and the Passport Authorities would have taken an appropriate action in accordance with law. The learned Deputy Solicitor General of India would contend that contrary to the Notification, the Government of India cannot be directed to release the passport of the petitioner.

7. In reply, the learned counsel for the petitioner submits that the petitioner cannot alone be blamed for the action. She was never stopped by any Immigration Authorities. The seizure of the passport for seven years now will take away her chances of employment anywhere in the globe. She being a Nurse should not be made to suffer for the ignorance of law or ignorance of the Authorities in implementing