The power to revoke or suspend a passport under the Passports Act, 1967 is a serious restriction on the fundamental rights of a citizen and must be exercised with sufficient cause and compliance with the principles of natural justice.

Vibhu Bakhru, J.

CM No. 22521/2017

1. Exemptions are allowed, subject to all just exceptions.

2. The application is disposed of.

W.P.(C) 5315/2017 and CM Nos. 22520/2017 & 22522/2017

3. The petitioner has filed the present writ petition inter alia challenging the order dated 18.10.2016 (hereafter “the impugned order”) passed by the Chief Passport Officer (respondent no.2), extending the original order of suspension of his passport (Passport No. K-9730692) till proceedings relating to impounding/revocation of the passport under Section 10 of the Passports Act, 1967 (hereafter “the Act”) are concluded by the Embassy of India in Riyadh.

4. The petitioner states that he is working as a Marketing Specialist in Riyadh Kingdom of Saudi Arabia since 2006. It is further stated that the petitioner has three sons aged six years, four years and fourteen months. Two of his sons are studying in Indian School, Riyadh.

5. It is stated that the petitioner came to India on a visit on 12.09.2016 on leave for a period of six months along with his family.

6. Apparently, there were certain complaints against the petitioner and an order suspending the petitioner’s passport was passed on 20.09.2016. The said order reads as under:-

“Whereas, the Central Government on the basis of information available with it has the sufficient reasons to believe that provisions of clause (c) of sub-section (3) of Section 10 of the Passport Act, 1967 may be invoked against Shri-Sikandar Khan S/o Ranjit Khan. Now therefore, the Central Government, has decided to suspend the Passport No. K-9730692 of Shri Sikandar Khan S/o Ranjit Khan under the provisions of Section10-A of the Passport Act, 1967, for a period of four weeks from the date of issue of this order.”

7. Thereafter, the petitioner was issued a show cause notice dated 12.10.2006, which reads as under:-

“SHOW CAUSE NOTICE It has come to notice that Shri Sikandar Khan has been indulging in unlawful activities against Indian emigrants working in Saudi Arabia. His attention is also drawn to Order No. Vl/405/2/6/2016(Vol. IV) dated September 20, 2016 suspending his Passport No.K9730692 in this regard.

2. Shri Sikandar Khan is hereby required to show cause as to why his passport should not be revoked under Section 10(3)(c) of the Passports Act, 1967. His reply should reach the undersigned within 21 days of issue of this Show Cause Notice.”

8. The petitioner responded to the aforesaid show cause notice as under:

"That I Sikandar Khan S/o Ranjit Khan, having passport No. K9730692 is resident of Mangluna Sikar, Rajasthan. That my abovementioned passport have been suspended on 20.09.2016 by the Embassy of India under section 10(A) of Passport Act 1967. Thereafter I have been issued a Show Cause Notice by Embassy of India, Riyadh, regarding suspension of my passport on dated 12.10.2016 under section 10(3)(c) of Passport Act 1967. Section 10(3)(c) in The Passports Act, 1967. "If the passport authority deems it necessary so to do the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;

1. I was issued the above mentioned passport, on 18.08.2013, from Embassy of Riyadh.

2. That I have travelled on the said passport from Saudi Arbia to India on 12.09.2016 and stayed at Delhi, where my passport was suspended on 20.09.2016.

3. That on the instance of someone I have never applied for Political Asylum during the period of stay in Riyadh.

4. That during the above mentioned period of stay, I have not worked illegally. I am very responsible person. I never involved in politics nor worked illegally under section 10(3)(c) of Passport Act 1967. I will obey the all type of Rule and regulation in Riyadh. I will contact to Riyadh Embassy as earliest after entering in Riyadh.

5. It is humbly requested to restore the suspension of my passport and allow to go me to Riyadh."

9. Thereafter, respondent no.2 had passed the impugned order, e