The Karnataka High Court has decided not to interfere with the seizure of a nurse’s passport, stressing that national security is a top priority. The court directed the nurse, Shany Jose from Dakshina Kannada, to submit a request to the Regional Passport Officer in Bengaluru for her passport's release.
Shany Jose, aged 48, had her passport seized by immigration authorities in August 2023. She was accused of traveling to Yemen, which violated a 2017 notification from the Government of India that banned Indian citizens from traveling to Yemen due to national security concerns.
Justice M. Nagaprasanna, while disposing of Jose’s petition, highlighted the importance of national security in his ruling. He mentioned that courts would be reluctant to intervene in cases where laws or notifications are put in place to protect the country’s security.
Jose's journey to Yemen began in 2011, when she joined a hospital there. She worked in Yemen until July 2022 and visited India intermittently during that time. The issue arose when she traveled back to India in August 2023 due to her father’s illness. Upon her arrival at Delhi airport on August 18, 2023, immigration authorities seized her passport, citing her travel to Yemen as a violation of the government notification that came into effect after India-Yemen relations deteriorated.
Jose claimed she was unaware of the travel ban until her passport was seized. She later provided an undertaking to the authorities, promising not to return to Yemen. This promise came after she learned about the prohibition.
The Central Government informed the court that approximately 422 passports had been seized by Indian authorities for travel to Yemen. To help those affected, who might have travelled due to work necessities or unawareness of the ban, the government has issued guidelines to all passport-issuing authorities to handle such cases individually. This approach aims to alleviate the hardships faced by people like Jose.
Shany Jose now needs to follow the court's direction and submit a formal request to the Regional Passport Officer in Bengaluru to get her passport back.
(Inputs from various sources)
(Rehash/Susmita Bhandary/MSM)
