P L LAKHANPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) After the construction of Article 21 of the Constitution by the majority in Satwant Singh Sawhney v. D. Ramarathnam, the personal liberties protected by Article 21 may be classified into two groups. In the first group would fall the right to be free from wrongful conefinement. In the second group would tall numerous otner personal liberties which are not expressly enumerated in Article 21 but which have been implied therein on the analogy of the 5th and 14th Amendments of the U.S Constitution. The right of a person to travel abroad and the power of the Legislature and the Government to restrict that right fall in this group This right is excluded from Article 19 (1) (d) The law restricting this right need not, therefore, satisfy the test of reasonableness embodied in Article 19(5). It need only satisfy the requirement of "procedure established by law" within the meaning of Article 21. In Peter Samauel Wallace v. The Regional Passport Officer, decided by a Division Bench of this Court on 1st Frbruary 1972, it was held that the Passports Act, 1967 was such procedure established by law. Under section 6 of the said Act, the Central Government may refuse to issue a passport or a travel document to a citizen of India or to any other person on various grounds.

(2.) . The petitioner Lakhanpal holds a valid passport, the Central Government has not imposed any restriction on his going abroad under the Passports Act. The Consulate General of the Democratic People's Republic of Korea, that is. North Korea, wrote to the Ministry of External Affairs on 6th of March 1972 that :-

(3.) . A person residing in India may leave this country for abroad in two ways, namely :-(1) on his own and (2) on an invitation by a foreign diplomatic mission in India on behalf of the foreign government. The first mode of exit is regulated by the Passports Act, 1967. The second mode of exit is regulated in India by the fullo wing memorandum of the Ministry of External Affairs dated 7th January 1963 :-