D GOPALAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner herein, who has described himself as the Public Interest Litigation General Secretary, Madras District Social Welfare Association, has moved this Court for a direction to the respondents 1 to 3 to seize the passport of the fourth respondent and pass suitable orders for his prosecution for the alleged violation of the provisions of S. 3 read with S. 12 of the Passports Act.

(2.) The fourth respondent is a member of the Council of State of the Parliament of India. He allegedly left India on 5-2- 1989 and reached Sri Lanka on 7-2-1989 without having a passport or any other travel document. He has himself, it is said, made press statements on two occasions admitting this fact. Petitioner has stated that the fourth respondent, who was expected to abide by law and respect law more than any other person, admittedly violated the provisions of the Passports Act (hereinafter referred to as the Act). He has made himself liable for prosecution for the said offence. No action was, however , taken against him by either the Government of India or the Government of Tamil Nadu. Petitioner realised that a serious offence of this kind which would have been promptly dealt with by initiating action for the fourth respondent's prosecution was being ignored by respondents 1 and 2 and that the Director, Central Bureau of Investigation would have taken notice of the said Act of the fourth respondent as according to the petitioner, the conduct of the fourth respondent in reaching a foreign country without any valid travel document clearly shows that our Coast Guard Intelligence were/are not working vigilantly and if the same state of affairs continues, it will jeopardise the nation's security and its very existence. Professing thus his concern of interest and the people of the country, petitioner has moved this Court for the relief as indicated.

(3.) Section 3 of the Act says : "No person shall depart from, or attempt to depart from India unless he holds in this behalf a valid passport or travel document. Explanation: - For the purposes of this section.-