Back
M. NAGAPRASANNA
Shany Jose, Daughter Of Joy Cherian – Appellant
Versus
Union Of India, Ministry Of External Affairs, Represented Herein By Its Secretary – Respondent
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 o
The court established that individuals affected by travel restrictions can seek relief through representations, emphasizing the need for compassionate consideration in enforcing national security mea....
The Court upheld the petitioner's rights, highlighting that no violation of passport restriction laws occurred, thus mandating timely consideration of her application by authorities.
The denial of passport renewal based solely on pending cases without affording a fair hearing violates principles of natural justice and the right to livelihood under Article 21.
The right to travel abroad is a fundamental right under Article 21, and adverse police verification does not automatically disqualify passport issuance.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The fundamental right to travel abroad should not be deprived except by a just, fair, and reasonable procedure, as per the principles established by various judgments.
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
The main legal point established in the judgment is that fair opportunity of being heard must be given following the order impounding the passport to satisfy the mandate of natural justice. Additiona....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
