1. The petitioners, who are granted valid visa to travel and join the first petitioner's husband (father of the petitioners 2 and 3) in United States of America where he is employed, has approached this Court seeking the following reliefs:

a) issue a writ in the nature of mandamus or such other writs or orders directing the respondents forthwith to release the passports of the petitioners to them.

b) issue a writ in the nature of mandamus or such other writs or orders directing the respondents to permit and enable the petitioners to travel to the United States of America upon the visas duly stamped and issued by the government authorities of the United States of America to the petitioners as per Exts.P8, P9 and P10.

c) direct the respondents to pay to the petitioners the entire ticket charges for them to travel to USA, as due compensation and damages.

d) award the cost of this writ petition.

2. The petitioners allege that when they went to board the flight on 22.11.2014 at the Cochin International Airport at Nedumbassery, the first respondent restrained them illegally and did not clear them to travel and also illegally seized their passports taking the stand that he would not permit persons who have T2 and T3 visas granted by the American Government to travel to America. The petitioners were issued with the letter of seizure of their passports. It is with this background, the petitioners have come up before this Court.

3. This Court, by interim order dated 19th December 2014 directed the third respondent to release the passport to the petitioners within a period of two weeks. Accordingly, the passports were released. Therefore, the only surviving question is whether the petitioners be permitted to go abroad to join the first petitioner's husband (father of petitioners 2 and 3) who is now in United States of America.

4. In the counter affidavit filed by the 4th respondent, it was contended as follows:

A trafficking visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States, if they agree to assist law enforcement in testifying against the perpetrators, it is submitted.

The United States Government estimates that each year up to 50,000 people are trafficked into the United States against their will, mostly women and children who are brought as sex slaves. As a response, it enacted the Victims of Trafficking and Violence Protection Act of 2000, which among other things, allows such people to allow for 3 year temporary visas that lead to permanent resident status.

It is contended by the respondents that a proposal to treat the holder of Indian Passport whosoever has been given the Trafficking visa on his/her passport issued by the US Government as a violator of the Passports Act, 1967 was considered during an Inter-ministerial meeting on trafficking visas held on 10.2.2014. In the meeting it was recommended to examine the feasibility of putting in place a policy-frame work for placing 'T' visa holders in the 'Prior Approval Category for all Indian Consular services.

It was further recommended to examine from a legal perspective the possibility of stopping 'T' visa holders with valid passports from travelling US by suspending their passports and handing over the same to CBI for investigations followed by subsequent impounding/revocation of the passports by Ministry of External Affairs. On the basis of above mentioned recommendations and the concurrence of L&T Division of the Ministry, with the approval of the competent authority the following decisions were taken:

(i) All the Missions/Posts abroad were instructed to place the Indian Passport holders holding United States T1, T2, T3, T4 and T5 visas in the prior Approval Category for availing all Indian consular services until further notice from the Ministry.

(ii) the Bureau of Immigration, Ministry of Home Affairs can stop Indian Passport holders from leaving the country, if they hold Traffickin