Karnataka High Court Asks Centre To Consider Representation For Release Of Passport Of Nurse Who Travelled From Yemen Despite Ban

The Karnataka High Court has directed the Regional Passport officer to consider and pass necessary orders within four weeks on the representation to be made by a qualified nurse for return of her passport, which came to be seized as she had travelled from Yemen in violation of a 2017 government notification issued citing national security concerns amid India's strained relationship with the country.

A single judge bench of Justice M Nagaprasanna partly allowed a petition filed by one Shany Jose who had approached the court seeking a direction for release of her passport, which was seized and withheld by the respondents in terms of the seizure memo dated 20-08-2023.

The bench said “If a representation is submitted by the petitioner within 4 weeks from the date of receipt of a copy of this order, the same shall bear consideration at the hands of the Regional Passport Officer, the 3rd respondent, within 4 weeks thereafter in accordance with law, bearing in mind the observations made in the course of the order. It is made clear that no delay should be brooked by the 3 rd respondent.”

The petitioner contended that she is a Diploma holder in General Nursing and Midwifery and is a qualified Nurse by avocation working in Yemen since 2011 and she would visit India intermittently.

Her father is said to have been diagnosed with stomach cancer due to which she travelled back to India from Yemen in August 2023. However, the Immigration Authorities at the International Airport at Delhi seized her passport 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.

The petitioner argued that she did not know about issuance of such notification. Moreover, it was not for the first time that she had travelled to India from Yemen. Moreover, the seizure of the passport for seven years now will take away her chances of employment anywhere in the globe.

The government opposed the plea stating that her passport 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.

The bench referred to the office memorandum dated 26-10-2022, placed on record by the respondents wherein passport issuing authorities are directed to process release of passports in cases which are covered under the Notification (of 2017) on three conditions.

Further it referred to a reply given by the Ministry of External Affairs to a starred question raised in the Rajya Sabha on the same issue. It was said in the reply that any Indian citizen whose passport has been seized for travel to Yemen despite the travel ban can approach the respective authorities for release of the passport. The Government would take a compassionate view is what is replied to. It also indicates that 169 passports of the kind have already been released

Following which the court said “This Court would not enter into doing any violence to the Notification, as the Notification is issued in furtherance of security of the nation. If any Notification or law is brought into force for the purpose of security of the nation, Courts exercising jurisdiction under Article 226 of the Constitution of India would be loathe to even consider such cases, as the security of the nation is paramount.”

It permitted the petitioner to submit a detailed representation to the Regional Passport Officer, in whose custody the passport of the petitioner is, to consider her case.

Appearance: Advocate S Sushant Venkatesh Pai for Petitioner.

Deputy Solicitor General Of India H.Shanthi Bhushan for Respondents

Citation No: 2024 LiveLaw (Kar) 247

Case Title: Shany Jose AND The Union of India & others

Case No: WRIT PETITION No.8969 OF 2024

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