Case Note & Summary
The petitioner, Shany Jose, a qualified nurse with a Diploma in General Nursing and Midwifery, worked in Yemen from February 2011 at various hospitals. She obtained a fresh passport from the Indian Embassy in Yemen in 2019. Upon returning to India in August 2023, her passport was seized by the Regional Passport Office, Bangalore, under a seizure memo dated 20.08.2023, citing alleged involvement in human trafficking. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking a mandamus to direct the respondents to release her passport. The respondents, Union of India and others, opposed the petition, arguing that the seizure was justified under Section 10(3)(h) of the Passports Act, 1967, as the petitioner was suspected of being involved in human trafficking. The Court examined the facts and found that the petitioner had been working as a nurse in Yemen for over a decade, had visited India twice, and there was no prima facie material to support the allegation of human trafficking. The Court held that the right to travel abroad is a fundamental right under Article 21, and any restriction must be based on reasonable grounds. Since the respondents failed to provide any credible evidence of trafficking, the seizure was arbitrary. The Court allowed the petition and directed the respondents to release the passport within two weeks.
Headnote
A) Passports Act, 1967 - Section 10(3)(h) - Passport Seizure - Human Trafficking - The passport of a nurse working in Yemen was seized by the Passport Office on the ground that she was involved in human trafficking. The Court held that the seizure was not justified as there was no prima facie material to show involvement in trafficking, and the petitioner had a right to travel under Article 21. The Court directed the release of the passport. (Paras 1-10) B) Constitutional Law - Article 21 - Right to Travel - The right to travel abroad is a fundamental right under Article 21, and any restriction must be reasonable and based on law. The seizure of passport without sufficient cause violates this right. (Paras 8-10)
Issue of Consideration
Whether the seizure and withholding of the petitioner's passport under Section 10(3)(h) of the Passports Act, 1967, on the ground of alleged involvement in human trafficking, is justified and whether the petitioner is entitled to the release of her passport.
Final Decision
The writ petition is allowed. The respondents are directed to release the petitioner's passport bearing No. U0754974 dated 30.09.2019 within two weeks from the date of receipt of a copy of this order.
Law Points
- Passports Act
- 1967
- Section 10(3)(h)
- Passport Seizure
- Human Trafficking
- Prima Facie Case
- Right to Travel
- Article 21
- Mandamus
