Direction to authorities

Court can direct the authorities to do what the mandate of law demands to do, being ultimate guardians of rights of individuals, when it comes to the lives and safety of the general public.

Grievance of petitioner was that despite specific order passed by High Court and Supreme Court, authorities did not remove name of petitioner from Exit Control List and did not allow her to travel abroad

Plea raised by authorities was that judgment of High Court and Supreme Court was complied with and thereafter name of the petitioner was again included in Exit Control List on the basis of fresh memorandum dated 19-4-2016

Validity

One of the sacred roles of High Court was to uphold the Constitution and ensure that rights of citizens were guaranteed and protected and that those rights were not taken away or crushed by the power of state functionaries acting in a whimsical, arbitrary, illegal, mala fide or bias manner

In protecting such rights public's faith and confidence in judiciary and its fair and even handed administration of justice would be enhanced

High Court struck down/set aside second memorandum dated 19-4-2016, as the same was based on mala fide, bias and passed in violation of Arts. 2-A, 4, 5, 9, 10-A, 14, 15, 18 & 25 of the Constitution

High Court directed the authorities to immediately and without any delay remove the name of petitioner from Exit Control List

High Court further directed the authorities to not again place the name of petitioner on Exit Control List without prior approval of High Court

Constitutional petition was allowed in circumstances.