January 1978 Archives


The  petitioner was issued a passport on June 1, 1976  under the  Passport  Act,  1967. On the 4th of  July  1977, the petitioner received a letter dated 2nd July, 1977, from the Regional  Passport Officer Delhi intimating to her  that  it was  decided  by  the Government of  India  to    impound     her passport under s. 10(3)(c) of the Act "in public  interest". The petitioner was required to surrender her passport within 7  days     from the receipt of that  letter. The petitioner immediately  addressed a letter to  the  Regional  Passport Officer requesting him to furnish a copy of the statement of reasons for making the order as provided in s.10(5). A reply was  sent by the Government of India, Ministry    of  External Affairs on  6th  July  1977 stating  inter  alia  that  the Government  decided "in the interest of the general  public" not to furnish her copy of the statement of reasons for  the making  of  the order.  The petitioner thereupon  filed     the present  Writ Petition challenging action of the  Governmentin impounding her passport and declining to  give  reasons for doing so.

Court ruling

There were no pressing grounds with regard to the petitioner that  the  immediate action of impounding her passport was called for. The rather cavalier fashion in  which the disclosure of any reason for impounding of her passport was denied to  the petitioner despite the fact that the only reason said to exist is the possibility of her being  called to  give  evidence before a Commission of Inquiry. Such a ground is not such as to be reasonably deemed to necessitate its concealment in public interest

Even executive authorities when taking administrative action which involves any deprivation of or restriction on inherent fundamental  rights of citizens must take care to  see that justice is not only done but manifestly appears to be  done. They have a duty to proceed in a way which is free from even the appearance of arbitrariness, unreasonableness  or unfairness. They have to act in a manner which is  patently impartial and meets the requirements of natural justice.

The impugned order must be quashed and Passport Authorities be directed to return the  passport to the petitioner.

 

https://indiankanoon.org/doc/1766147/?__cf_chl_jschl_tk__=bfe0d1fb32754ef55e49978ff0b6f3f5fa2c53d1-1619063831-0-AT12GtpOVm9_ovBvAhlHRaCCujUVjDF4Lz3XK8lDuv4eAtx2UryWWzCD7Wk48gPLSAZSdFIkNduphj9ILb5R6sXLuYDSy24gfnTbeUsEk2XOPZMoK7U79ZxXelFdcMuGJn9wOPreznNHlWUA7rDQZGkSyFA8DssuuyyjI0UqelAaP7iAt3keXIzvUoz7UqG9opXuvsXp3A2K0Bo25DGmO6mNyXa01oQS0eu9b4lwDoeLchfQqy7IkUHQEHa0ZwUFrB4Jha5SaEtvi0bJ7pM3sdUxrlc55asRPCKJVeqTeTWUek7BxjvFAD7odER1w803772OFRCicUFFp4OOb4D1cEIpMV-WfAhAECsVWNAI3pnEBau1xcPbMYngWEi9-Jutz05dkc8Eyz-AnMLigOrrioCUIjnyPm3bbdsgc0xAj5jAI9qib90ppohXxTvsuUajQ-zx6StCf3vOHES3PU5bYWs
Understanding GCED in Asia-Pacific Pacific: a how-to guide for ‘Taking It Local’
https://unesdoc.unesco.org/ark:/48223/pf0000375115

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