PATEL NITESHKUMAR MAHENDRABHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners arrived at the Cochin International Airport from Gujarat for onward travel to Guatemala. THEy claim to be in possession of all travel documents necessary for the same. But the respondents 2 and 3 are not permitting the petitioners to travel, on the ground that there is no necessity for the petitioners who are from Gujarat to come over to Kochi for travelling to Guatemala. According to the petitioners, there is no law prohibiting a person from Gujarat to go to Guatemala through Cochin Airport.

(2.) IN view of the above contention, I specifically directed the Assistant Solicitor General to enlighten this Court as to the provision of law under which respondents 2 and 3 can prevent the petitioners from travelling to Guatemala from Cochin INternational Airport, if they have all the travel documents necessary for the purpose. The learned Assistant Solicitor General refers me to Section 4(a) of the Emigration Act, 1983, which reads thus: