23 Indians working in Yemen challenge Centre's notification, seek release of their passport

New Delhi [India], August 23 : Twenty-three Indians working in Yemen have moved the Delhi High Court, challenging the Centre's 2017 notification that prohibits Indian passport holders from visiting Yemen.
The petitioners sought direction to set aside Gazette Notification dated 26.09.2017 issued by Government of India being ultra-vires to the Constitution of India and also direct Chief Passport Officer, Ministry of External Affairs to release the passports of the petitioners seized citing Gazette Notification.
According to the direction issued, "The passport or travel document issued by the Central Government is invalid for the travel of holder to Yemen as the travel of the holder to Yemen would seriously impair the conduct of foreign affairs of the Government of India.
Further, "any Indian national who travels to Yemen in violation of this notification, shall be liable for action under section 12 of the said Passports Act, 1967 and the passport shall be liable for impounding or revocation, as the case may be, under sub-section (3) of section 10 of the said Act and Violation of the directions issued by this notification by any holder shall be liable for refusal of passport under section 6 of the said Act for a period of seven years from the date of revocation of such passport".
All the petitioners who are residents of Kerala moved the Delhi High Court through Advocate Subhash Chandran KR submitted that they have been working in Yemen for many years for their livelihood. All the petitioners belong to financially backward category and their social conditions compelled them to find some jobs in a country like Yemen which is vulnerable from the security point of view.
Advocate Subhash Chandran KR also submitted that the petitioners herein are even ready to swear an affidavit stating that they will not travel to Yemen until the Government of India lifts the travel ban.
The plea submitted that the impugned action of respondents violates fundamental rights of petitioners guaranteed under Article 14, 19 and 21 of the Constitution of India. It also mentioned that most of the petitioners are in middle-age group and it is very difficult for them to find a job or profession at this stage in India for their livelihood.
The petition also submitted that most of them are looking for /getting offers from many foreign countries other than Yemen. The petitioners prayed that the Court may set aside Gazette Notification dated 26.09.2017 issued by Government of India being ultra-vires to the Constitution of India or alternatively direct respondents to release the passports of petitioners.
The matter was listed before the bench of Justice Satish Chander Sharma and Justice Subramonium Prasad where counsel for respondent said that they are awaiting for the instructions. Then court orally observed that you don't have a right to seize someone's passport, you may issue travel ban or restrictions but withholding someone's passport is not fair, while fixing the matter for further hearing on September 1, 2022.