The denial of a passport based on citizenship status must accommodate the rights of stateless individuals under constitutional provisions, emphasizing the right to travel and considerations of public interest.

ORDER

The petitioner has filed this Writ Petition for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings issued by the fourth respondent in Letter No.VIII/405/162/2023 dated 21.05.2024, quash the same as illegal, and consequently direct the respondents to issue a passport to the petitioner, considering Passport Application Registration No.TRYIF5490551323 dated 20.06.2023, in terms of Section 20 of the Passport Act, 1967 , within the time stipulated by this Court.

2. The petitioner had earlier approached this Court in W.P.(MD) No.27893 of 2022, challenging the order dated 22.11.2022, whereby the petitioner's application for issuance of a passport was rejected. The said Writ Petition was disposed of on 30.01.2023 with the following observations:

“6. I was wondering if there was a way out. Advocate Shri.Arun Balaji, who was present in the court drew my attention to Section 20 of the Passports Act, 1967. The said provision reads as follows:

“Issue of passports and travel documents to persons who are not citizens of India.- Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public interest.”

The reason for incorporating the aforesaid provision is set out in Clause 20 of Objects and Reasons in the following terms :

“Under this clause, a passport can be refused on the ground that the applicant is not a citizen of India. But, in special cases, having regard to international convention and usage, it may become necessary for the Government to issue a passport or travel document to a person who is not a citizen of India. This clause seeks to give necessary powers to the Central Government in this behalf.”The above provision empowers the Central Government to issue passport or travel document even to a non- citizen. Any power is coupled with duty. Parliament in its supreme wisdom chose to incorporate such a provision to deal with situations such as the one on hand. Of course, one requirement must be satisfied. The Central Government must be of the opinion that it is necessary so to do in the public interest. The question is whether the said power deserves to be exercised in this case.

7.The writ petitioner was born and brought up in India. Her parents have lost their roots in the country of their origin. The petitioner is not in a position to go to Srilanka and take a Srilankan passport. This is because, under Section 5 (2) of the Citizenship Act of Srilanka, a person born outside Ceylon on or after the appointed date shall have the status of a citizen of Ceylon by descent, if at a time of his birth, his father is a citizen of Ceylon and if, within one year from the date of birth or within such further period as the Minister may for good cause allow, the birth is registered in the prescribed manner. The materials on record do not indicate that the petitioner is a Srilankan citizen. Prima facie it appears that her birth was not registered and therefore, she is not a Srilankan citizen. She is not an Indian citizen either. She is for all practical purposes a stateless person. Now, she wants passport only to explore overseas employment opportunities. Right to earn one's livelihood and right to travel abroad are enshrined in Article 21 of the Constitution of India which applies to all persons, citizens and non-citizens alike. In these circumstances, granting passport to the petitioner under Section 2 0 of the