Lok Sabha Question No. 3091 (UNSTARRED), answered on 2024-12-13
Subject: Seizure of Passports by Emigration Department
Ministry: EXTERNAL AFFAIRS
Asked by: Shri E T Mohammed Basheer

## GOVERNMENT OF INDIA

## MINISTRY OF EXTERNAL AFFAIRS

## LOK SABHA

UNSTARRED QUESTION NO- 3091

ANSWERED ON- 13/12/2024

## SEIZURE OF PASSPORTS BY EMIGRATION DEPARTMENT

3091. SHRI E T MOHAMMED BASHEER

Will the Minister of EXTERNAL AFFAIRS be pleased to state :-

(a) whether the Government has taken note that Emigration department has seized passports of many individuals for travelling to the countries

like Yemen, Iran, Iraq etc.;

(b) if so, the details thereof along with the number of passports seized and released, Country-wise and State-wise; and

(c) the criteria fixed for releasing the held up passports?

## ANSWER

THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS

(SHRI KIRTI VARDHAN SINGH)

(a)  There have been cases of seizure of passports of Indian nationals who have traveled to Yemen over the past few years in contravention of the travel ban to Yemen imposed by the Government of India vide Gazette Notification No. S.O. 3223(E) dated 26 th September, 2017 (ref. Annexure-I). The travel ban to Yemen was promulgated in view of the fragile political and security situation in Yemen. The Notification continues to remain in force.

(b)   Under   the   provisions   of   the   above   said   notification,   till   date   579 passports have been seized and received in Passport Offices across India for traveling to Yemen despite the travel ban. Out of these, 269 passports have been released. However, seizure/release of passports is a continuous process. State wise/ Union Territory wise details are as under:-

| State wise / Union Territory wise data   | State wise / Union Territory wise data   | State wise / Union Territory wise data   | State wise / Union Territory wise data   |
|------------------------------------------|------------------------------------------|------------------------------------------|------------------------------------------|
| S. No.                                   | Name of State                            | No. of Passports seized                  | No. of Passports released                |
| 1                                        | Andhra Pradesh                           | 2                                        | 1                                        |
| 2                                        | Bihar                                    | 19                                       | 1                                        |
| 3                                        | Chhatisgarh                              | 1                                        | 0                                        |

|   2 | Delhi              |   1 |   0 |
|-----|--------------------|-----|-----|
|   3 | Goa                |   2 |   2 |
|   4 | Gujarat            |  14 |   3 |
|   5 | Haryana and Punjab |   1 |   0 |
|   6 | Jammu & Kashmir    |   1 |   0 |
|   7 | Karnataka          |  38 |   5 |
|   8 | Kerala             | 328 | 216 |
|   9 | Maharashtra        |  30 |   5 |
|  10 | Odisha             |   1 |   0 |
|  10 | Rajasthan          |  13 |   0 |
|  11 | Tamil Nadu         |  64 |  34 |
|  12 | Telangana          |   6 |   1 |
|  13 | Uttrakhand         |   1 |   0 |
|  14 | Uttar Pradesh      |  47 |   1 |

| 15   | West Bengal   |   10 |   0 |
|------|---------------|------|-----|
|      | Total         |  579 | 269 |

(c) In order to mitigate the sufferings of the people who had traveled to Yemen due to job compulsions or due to ignorance of the travel ban, Government has issued guidelines to all Passport Issuing Authorities to process the release of passports on case to case basis. A final decision on release of such seized passports is taken by the Ministry of External Affairs and conveyed to Passport Issuing Authorities.  Any Indian citizen whose passport has been seized for travel to Yemen despite the travel ban,   can   approach   the   concerned   Passport   Issuing   Authority   with   a request for  release  of  the   passport.   Government   continues   to   take   a compassionate view of individuals who have traveled to Yemen despite the travel ban.

*****

4

N 70 3 T0-33004/99

JIRa

The Gazette of India

#. 2822]

No. 2822]

<!-- image -->

зчіа;

6041 G1/2017

(1)

REGD. NO. D. L.-33004/99

## Annexure-I

2

(2)

(3)

(4)

(i)

(1)

(V)

THE GAZETTE OF INDIA: EXTRAORDINARY

MINISTRY OF EXTERNAL AFFAIRS

NOTIFICATION

New Delhi, the 26th September, 2017

S.O. 3223(E).—Whereas, the security situation in Yemen continues to be fragile with armed hostilities continuing in parts of the country and Yemen remains vulnerable from the security point of view;

## And whereas, in view of the precarious security situation in Yemen, the Government of India issued various

travel Advisories wherein Indian nationals have been strongly advised to avoid travelling to that country under any circumstances, by any mode of travel, including air, land or sea for any purpose till further notice:

- And whereas, despite the existing travel advisories, some Indian nationals have continued to travel to Yemen; And whereas, section 19 of the Passports Act, 1967 (15 of 1967) empowers the Central Government to issue a

notification to make invalid the Passports and travel documents for travel to certain countries; and clause (d) of said

[PART II-SEC. 3(ii)]

- /TT.#. V1/401/1/11/2017]

3

section provides that upon the issue of the notification by the Central Government that a foreign country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the

Government of India, and a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by

Now, therefore, in exercise of the powers conferred by clause (d) of section 19 of the Passports Act, 1967 (15 of 1967), the Central Government, being of the opinion that it is necessary and expedient in the public interest so to do, hereby issues the following directions, namely:— (i) the passport or travel document issued by the Central Government is invalid for the travel of holder to Yemen as the travel of the holder to Yemen would seriously impair the conduct of foreign affairs of the Govemment

(ii) any Indian national who travels to Yemen in violation of this notification, shall be liable for action under section 12 of the said Passports Act, 1967 and the passport shall be liable for impounding or revocation, as

- the case may be, under sub-section (3) of section I0 of the said Act: (iii) violation of the directions issued by this notification by any holder shall be liable for refusal of passport under section 6 of the said Act for a period of seven years from the date of revocation of such passport:
- (iv) any Recruiting Agent or a Company sending Indian nationals to Yemen shall be individually or collectively held responsible, and all such Agents or Company, including all its Directors, shall personally be liable to be prosecuted under the relevant provisions of the Indian Penal Code, if the Indian nationals so sent are killed or
- kidnapped or come to any harm, while travelling to Yemen; (v) in addition to above, criminal proceedings also may be initiated against owners of the foreign ships carrying
- Indian nationals to Yemen and visas shall be denied to them for any future travel to India. Embassy in sator bay licions of not eral able to the f the of til over ent of let of ted in an Indiane Government travelling to Yemen for attending of their official duties.
- The aforesaid directions may also be relaxed by the Central Government for specific and essential reasons of travel, for which permission for a limited time period may be granted by the Central Government at the express request
- of the applicant who would, nevertheless, travel at his or her own personal risk without any liability to the Government of India or any State Government concerned and any such request for exemption may be sent to jsgulf@mea.gov.in. 4. That the aforesaid directions may be read in conjunction with any fresh Travel Advisory separately and
- simultaneously issued by the Indian Embassy in Sana for travel to Yemen. [F. No. VI/401/1/11/2017]
- ARUN KUMAR CHATTERJEE, Jt. Secy. (PSP) & Chief Passport Officer (CPO)

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

ALOK

Digitally signed by ALOK KUMAR

Date: 2017.10.06

KUMAR 18:16:00 +05'30

<!-- image -->

and Published by the Controller of Publications, Delhi-110054.