Case Note & Summary
The petitioner, Kishor S/o Jairam Chakole, a former employee of Western Coalfields Limited (WCL) whose services were terminated in 2004, has been working as a social activist. He used to file complaints on behalf of employees and other aggrieved persons against WCL officials and visited WCL offices for redressal of grievances. By order dated 07/10/2024, the respondents (WCL and Union of India) declared the petitioner as 'persona-non-grata' and restrained him from entering WCL Headquarters and all its areas/establishments for three years. The reason given was that many complaints submitted by the petitioner were found baseless, and his visits were intended to malign the image of top officials and posed a threat to security. The petitioner challenged this order by way of a writ petition. The court framed the issue as whether the respondents can declare the petitioner persona-non-grata and restrict his entry without statutory authority. The petitioner argued that the order infringes his fundamental rights under Article 19(1)(d) and (g) of the Constitution. The respondents contended that the order was passed to maintain security and discipline. The court analyzed that the respondents, being a public sector undertaking, have no inherent power to declare a person persona-non-grata or to restrict entry to its premises. Such power must be conferred by statute. In the absence of any statutory provision, the order is illegal and without jurisdiction. The court held that the order infringes the petitioner's fundamental rights under Article 19(1)(d) (freedom of movement) and Article 19(1)(g) (freedom to practice any profession, which includes social activism). The court allowed the petition, quashed the impugned order dated 07/10/2024, and directed the respondents to permit the petitioner to enter the premises of WCL in accordance with law, subject to compliance with reasonable security protocols.
Headnote
A) Constitutional Law - Fundamental Rights - Freedom of Movement and Profession - Article 19(1)(d) and (g) of the Constitution of India - The court examined whether a public sector undertaking can declare a person persona-non-grata and restrict entry to its premises without statutory authority. Held that such an order infringes the fundamental rights of the petitioner under Article 19(1)(d) and (g) and cannot be sustained in the absence of any statutory provision empowering the respondents to do so. (Paras 4, 10-12) B) Administrative Law - Inherent Powers - Persona-Non-Grata Declaration - No Inherent Power - The court held that the respondents, being a public sector undertaking, have no inherent power to declare a person persona-non-grata or to restrict entry to its premises. Such power must be conferred by statute. In the absence of any statutory provision, the order is illegal and without jurisdiction. (Paras 10-12) C) Public Sector Undertaking - Right of Entry - Social Activist - Legitimate Activity - The petitioner, a social activist, was filing complaints on behalf of employees and aggrieved persons. The court held that the respondents cannot stifle legitimate social activism by declaring the petitioner persona-non-grata. The order was set aside. (Paras 5, 12)
Issue of Consideration
Whether the respondent(s) can declare the petitioner as 'persona-non-grata' and consequently issue an order restraining the petitioner from entering the premises of Western Coalfields Limited Headquarters and all its areas/establishments for a period of three years.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 07/10/2024, and directed the respondents to permit the petitioner to enter the premises of Western Coalfields Limited in accordance with law, subject to compliance with reasonable security protocols.
Law Points
- Persona-non-grata declaration by a public sector undertaking without statutory authority is illegal
- Right to enter public premises is part of freedom of movement under Article 19(1)(d)
- Right to carry on social activism is part of freedom of profession under Article 19(1)(g)
- Restrictions on fundamental rights must be by law under Article 19(2) and (6)
- No inherent power to declare persona-non-grata in absence of statutory provision
