Punjab’s govt had moved HC after the MEA “denied” its plea for clearance without assigning any reason
CHANDIGARH: The Punjab and Haryana high court has observed that the MEA had “not explained” the political angle it cited while turning down political clearance to Punjab chief minister Bhagwant Mann for his visit to France.The court released the detailed order on Saturday, a day after it allowed Punjab govt’s plea to let Mann fly to France for SIAL Paris 2026, a food and beverage innovation trade fair to be attended by the state-run Markfed.The ministry of external affairs (MEA) had refused to let Mann visit France, citing a “political angle”. In its detailed order, the court said: “It has not been explained what that political angle/viewpoint is, and whether political clearance means examining the application from a political angle.
No reasons are forthcoming.”Justice Tribhuvan Dahiya rejected Centre’s justification that there was no proper invitation from the French govt and the CM had no functional role to perform during the proposed visit. The bench held that the reasons subsequently offered in an affidavit could not be used to justify the original decision.The HC allowed the petition filed by the Punjab govt challenging the denial of political clearance to a three-member delegation comprising the CM, the chief secretary and the principal secretary to the CM for a visit to Paris from Oct 17 to 21 to promote trade and attend the SIAL food exhibition.
The court observed that the contention regarding the absence of a proper invitation from the foreign govt “cannot be accepted” in view of a Sept 22 letter sent by SIAL to the French Embassy in India. The letter stated, “We are very pleased to count among our visitors Mr. Bhagwant Mann ... (w)e are convinced that this is an opportunity for Mr. Bhagwant Mann to establish professional contacts with French and international visitors and to negotiate contracts.
”Rejecting the second justification that the CM had no functional role during the visit, the bench observed that it cannot be accepted as “he himself is heading the delegation”.The bench questioned the requirement for the ministry to examine the CM’s functional role during the visit. “Further, it has not been explained as to why is there a requirement for the ministry to examine functional role of the chief minister during the proposed visit,” it observed.
“The requirement appears to be superfluous for the reason the clearance has been denied due to ‘political angle’ alone, and not on any functional aspect of the dignitary’s visit,” the bench added.The high court also relied on the Supreme Court Constitution Bench judgment in Mohinder Singh Gill and another versus The Chief Election Commissioner, New Delhi and others, 1978 AIR Supreme Court 851, to emphasise that the “validity of an order must be judged by the reasons mentioned therein which cannot be supplemented by fresh reasons in the shape of an affidavit or otherwise”.
“Accordingly, the reasons given in the affidavit filed on behalf the respondents cannot justify the order as the same do not find mention in the order,” it said.Opposing the petition, the Centre had submitted that granting or denying political clearance for foreign visits was MEA’s responsibility and depended on factors including bilateral relations, the prevailing political situation, the diplomatic climate and anti-India activities in or emanating from the country concerned.The Centre argued that reasons for refusing clearance were not always disclosed on the portal because of the sensitivity of matters affecting bilateral relations. It cited security concerns relating to the CM and contended that in the absence of a proper bilateral invitation from the foreign govt, the required security arrangements and protocol would not be available.Punjab govt had argued that the refusal was arbitrary, as no opportunity had been given to explain the position and no reasons had been assigned.
It also contended that the decision had been communicated at the eleventh hour, frustrating the proposed visit.The court noted that the Agricultural and Processed Food Products Export Development Authority (APEDA) had confirmed Markfed’s participation in the SIAL food exhibition and allotted it a stall.The HC noted that Markfed was to pay for the visit. The stated purpose of the visit included facilitating direct engagement with international buyers, importers, food companies and investors, promoting investment opportunities and encouraging the adoption of international best practices in food processing.
Punjab govt had applied for political clearance through the MEA’s e-Pol Clearance System on Sept 9, enclosing relevant documents and explaining the purpose of the visit. The clearance was declined on October 12.