Case Note & Summary
The judgment concerns two writ petitions filed by individuals whose passports were impounded by the Passport Authority under Section 10(3)(e) of the Passports Act, 1967. The petitioners, Nisha Pradeep Pandya alias Nisha Amit Gor and another, and Mohammed Javid Khan and another, challenged the orders of impounding on the ground that no show cause notice was issued to them prior to the impounding, and they were not afforded any opportunity of hearing. The respondents, Union of India and others, defended the actions stating that the impounding was necessary in the interest of sovereignty and integrity of India. The court examined the provisions of Section 10(3)(e) and the principles of natural justice. It held that the power to impound a passport under Section 10(3)(e) is not absolute and must be exercised in accordance with the principles of natural justice. The court found that the Passport Authority had not issued any show cause notice or given any opportunity of hearing to the petitioners before passing the impugned orders. Consequently, the court set aside the impounding orders and remitted the matters back to the Passport Authority to pass fresh orders after giving due opportunity of hearing to the petitioners. The court also directed that the passports be returned to the petitioners pending fresh consideration.
Headnote
A) Passport Law - Impounding of Passport - Natural Justice - Section 10(3)(e) Passports Act, 1967 - The Passport Authority impounded the petitioners' passports without issuing any show cause notice or affording an opportunity of hearing, which is a violation of principles of natural justice - Held that the impugned orders are unsustainable and are set aside - The matter is remitted back to the Passport Authority to pass fresh orders after giving due opportunity (Paras 1-33).
Issue of Consideration
Whether the impounding of passports under Section 10(3)(e) of the Passports Act, 1967 without issuing a show cause notice and affording an opportunity of hearing is valid in law.
Final Decision
The court allowed the writ petitions, set aside the impounding orders, and remitted the matters back to the Passport Authority to pass fresh orders after giving due opportunity of hearing to the petitioners. The passports were directed to be returned to the petitioners pending fresh consideration.
Law Points
- Natural justice
- Passport impounding
- Opportunity of hearing
- Section 10(3)(e) Passports Act
- 1967
- Show cause notice
- Reasoned order
