Passport seized due to notification that travels to Yemen impair conduct of foreign affairs: HC told

Some Indians who were working in Yemen for the past several years Tuesday told the Delhi High Court that their passports have been seized by the authorities due to a notification that travels to Yemen would seriously impair the conduct of foreign affairs of the Central government.

Seeking release of their passports, the petitioners said they belong to a financially backward category, and their social conditions compelled them to find some jobs in a country like Yemen which is vulnerable from a security point of view.

They said they are ready to swear an affidavit stating that he/she will not travel to Yemen until the Government of India lifts the travel ban.

As the counsel for the Central government submitted that they are awaiting instructions from the department, a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for further hearing on September 1.

The 23 petitioners, through advocate Subhash Chandran K R, sought to set aside a September 26, 2019 gazette notification of the Central government on the ground that it was ultra-vires to the Constitution and as an alternative prayer, they sought the release of their passports.

As per the gazette notification, the passport or travel document issued by the Central government is invalid for the travel of the holder to Yemen as it would seriously impair the conduct of foreign affairs of the Government of India.

It further states that any Indian national who travels to Yemen in violation of this notification, shall be liable for action under section 12 of the Passports Act, 1967 and the passport shall be liable for impounding or revocation.

"The impugned action of the respondent(s) herein violates the fundamental rights of petitioners guaranteed under Articles 14, 19, and 21 of the Constitution. It is pertinent to mention that most of the petitioners are in the middle-age group and it is very difficult for them to find a job or profession at this stage in India for their livelihood. It is also submitted that most of them are looking for / getting offers from many foreign countries other than Yemen," the petition.