RYAN ADAM AJIT Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by a minor represented by his mother, who is a native of Union Territory of Lakshadweep, seeking to quash Exts. P1 and P2 orders issued by the Lakshadweep Administration dated 19.06.2014 and 15.09.2014 respectively, emphasising certain regulatory measures to enter the Island, among others, to the family members also who are residents of mainland, and for other related reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner's mother is a member of Scheduled Tribe community in Lakshadweep, and is a native of one of the islands therein, viz., Kiltan Island, and she is married to a mainlander. According to the petitioner, Exts. P1 and P2 orders are illegal and arbitrary, which prescribe procedures to issue, reject, renew, endorse and cancel the Entry Permit to various categories to the Union Territory. It is also pointed out that, Exts. P1 and P2 orders contravene and replace certain provisions of the Laccadive, Minicoy and Amindivi Islands (Restrictions on Entry and Residence) Rules, 1967 [hereinafter referred to as 'the Rules, 1967']. The Rules were made by the Administrator in exercise of the powers conferred by Sec. 9 of the Laccadive, Minicoy and Amindivi Islands (Laws) Regulations, 1965 [hereinafter referred to as 'the Regulations, 1965'], with the previous sanction of the Central Government. The Rules which were in vogue for around 50 years, enabled the family of a native of the Islands including his or her spouse, children, grandchildren, brothers, sisters, parents of his or her spouse, son-in-laws and daughter-in-laws who hail from the mainland; to visit any of the Islands of Union Territory without a permit.

(3.) However, now Exts. P1 and P2 orders are passed by the Administrator without any legislative competence, since Sec. 9 of the Regulations, 1965, only enables the Administrator of the Islands to make rules with the sanction of the Central Government for the interests of the general public or for the protection of the interests of any Scheduled Tribe by imposing reasonable restrictions on the right of any person who is not a native of the Islands to visit or reside in the islands. However, the orders have been issued by a delegate to the Administrator. Therefore, the executive orders so issued are bad in law, as it contravene the provisions of the Rules which were duly notified in the Official Gazette and had acquired the force of law.