Introduction:

In a significant ruling by the Karnataka High Court, Justice M Nagaprasanna partly allowed a petition filed by Shany Jose, a qualified nurse, seeking the release of her passport, which was seized after she traveled from Yemen in violation of a 2017 government notification. The court directed the Regional Passport Officer to consider her representation for the return of her passport within four weeks, taking into account the petitioner’s circumstances and observations made in the order.

Arguments:

Shany Jose, represented by Advocate S Sushant Venkatesh Pai, argued that she was unaware of the government notification prohibiting Indian citizens from traveling from Yemen. She highlighted her urgent need for the passport to resume her nursing career, as her father’s illness required her presence in India. Jose emphasized that the prolonged seizure of her passport would jeopardize her employment prospects and livelihood.

The Union of India, represented by Deputy Solicitor General Of India H.Shanthi Bhushan, opposed the plea, citing the express provisions of the 2017 notification. The government maintained that the travel ban from Yemen was enforced for national security reasons, and any deviation from the notification would undermine the nation’s security interests. They argued that the petitioner’s passport could not be returned as per the terms of the notification.

Court’s Judgment:

After careful consideration of the arguments and relevant documents, the High Court directed the Regional Passport Officer to review Shany Jose’s representation for the return of her passport within four weeks. The court emphasized that the decision should be made promptly, bearing in mind the petitioner’s circumstances and the government’s security concerns outlined in the 2017 notification.

While acknowledging the importance of national security, the court underscored the need for compassion and fairness in exceptional cases like Shany Jose’s. The court referred to an office memorandum and a reply by the Ministry of External Affairs, indicating the possibility of releasing passports seized under the travel ban for compassionate reasons.

The High Court maintained its commitment to upholding national security while ensuring that individual rights and circumstances are duly considered. By permitting the petitioner to make a detailed representation to the Regional Passport Officer, the court sought to strike a balance between security imperatives and humanitarian considerations.