Human trafficking doesn’t amount to jeopardising country’s sovereignty, integrity: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, May 9

The Punjab and Haryana High Court has ruled that the trafficking of human beings does not amount to jeopardising the country’s sovereignty and integrity. Justice Sudhir Mittal also made it clear that neither can a passport be impounded, nor travel documents revoked, on the basis of mere suspicion.

The assertion by Justice Mittal came on a petition filed by a Punjab Police constable, who had obtained ex-India leave. His passport was impounded without giving a “satisfactory reason” on May 20, 2017, when he was about to board a flight to London at the Amritsar international airport.

In a written statement filed on behalf of the Union of India and the Ministry of External Affairs, it was stated that the Indian Embassy in France had received information from the French authorities that an anonymous source had informed them that the petitioner could be involved in smuggling illegal immigrants to Europe since 2003. The Central Bureau of Investigation addressed a communication to the Ministry of Home Affairs and the Ministry of External Affairs after the matter was brought to its notice.

The Ministry of External Affairs consequently issued a communication, dated March 16, 2017, to the passport officer concerned to take appropriate action in accordance with the Passports Act and the Passport Manual. As such, the passport was impounded on account of suspicion.

Referring to a provision in the Passport Act, Justice Mittal asserted that it entitled the passport authority to impound or revoke a passport or travel document, if deemed necessary, in the interests of the sovereignty and integrity of India, the country’s security, her friendly relations with any foreign country or in the interests of the general public.

Justice Mittal asserted: “Assuming that the petitioner has trafficked human beings into Europe, it would not amount to jeopardising the sovereignty and integrity of India. The sovereignty and integrity of a country may be threatened in case of subversive and terrorist activities. Trafficking of human beings would not fall in either category and thus, the reason given in the communication, dated November 8, 2017, is erroneous and improper”.

Justice Mittal added that trafficking in human beings may jeopardise friendly relations with a foreign country, but only if there was tangible evidence available. Till date, the information received through the source had not been substantiated. It, thus, amounted to curtailing a citizen’s right to travel abroad on the basis of suspicion alone. It was settled law that personal liberty could not be curtailed on the basis of suspicion.

Describing the impugned orders as patently illegal and deserving to be quashed, Justice Mittal added that it was evident that there was no substantial evidence on record justifying the conclusion that the petitioner’s actions endangered the sovereignty and integrity of the country or jeopardised friendly relations with a foreign country.