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R Sedhuraman
Legal Correspondent
New Delhi, March 12
The Delhi High Court today quashed a government order preventing Greenpeace activist Priya Pillai from visiting the United Kingdom to interact with British Parliamentarians on the possible negative impacts of proposed mining by Essar Power, a subsidiary of a UK-based company, and Hindalco in the Singrauli coal belt of Madhya Pradesh.
“Travelling abroad and espousing views, without any criminal intent, cannot in my opinion put Pillai in the category of an anti-national element” as asserted by the Centre, Justice Rajiv Shakdher held while setting aside the government’s look-out circular that came in the way of her visit.
Authorities had prevented Pillai from boarding an Air India flight to London on January 11, 2015 and stamped her passport “off-load” as her name was on the official database of candidates who were not allowed to leave the country.
The HC also directed the government to expunge the “off-load” stamp on her passport. The court noted that Pillai had been arrested in Mumbai in a criminal case recently for spearheading a protest against coal mining but was granted unconditional bail subsequently. Further, she was not proceeded against under the Passports Act.
“Quite clearly, therefore, there is no impediment put in place by any court or statutory authority on Ms Pillai’s right to travel abroad and propagate her views,” the HC ruled.
The government had offloaded her by sourcing its power under clause 8(j) of 2010 OM guidelines on anti-national elements. The court said this could be used only against those persons who posed imminent danger to the national interest and Pillai did not fall in this category.
Meanwhile, Greenpeace India said the court’s decision was a vindication of the group’s legitimacy and the validity of its campaigns for the rights of people to their land and forests, clean energy, a healthy environment and to hold corporations and the government accountable.
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