CHANDIGARH: The Punjab and Haryana High Court on Friday allowed Punjab Chief Minister Bhagwant Mann to travel to France, granting relief to the state government in its legal battle with the Centre over the denial of political clearance for his visit.
The Ministry of External Affairs (MEA) had denied clearance, citing security concerns and the absence of a formal invitation from the French government.
A bench of Justice Tribhuvan Dahiya, after hearing the matter at length, “allowed” the plea after hearing arguments from the state government and the Centre. A detailed order is awaited.
The Central Government had opposed the proposed visit, citing security concerns, including a potential threat from Khalistani elements, and argued that Mann had not received a formal invitation from the French government. The state government, however, accused the Centre of adopting a discriminatory approach towards the Chief Minister’s foreign visits.
During the hearing, Additional Solicitor-General of India Satya Pal Jain filed an affidavit and submitted that it would be difficult to put foolproof security arrangements in place in such a short time. Jain also questioned how the Indian Embassy could facilitate the visit in the absence of a formal invitation from the French government.
The Central Government also argued that the denial of clearance was guided by concerns for CM Mann’s safety. The Union of India also contended that it had received a letter from the Punjab Government in which the security threat to CM Mann from Khalistani elements in India and abroad had been flagged. The letter further stated that Sikhs for Justice (SFJ) founder Gurpatwant Singh Pannun posed a threat.
Sources said that CM Mann would land in Delhi late tonight from Chandigarh and then board a flight to France along with a delegation of state government officers.
In a 56-page civil writ petition filed against the Union of India and other respondents, the state had yesterday sought the quashing of the decision denying political clearance for the visit of the Chief Minister, Chief Secretary and Principal Secretary to the Chief Minister. Among other things, the petition described the denial as “non-speaking, arbitrary, without authority of law and violative of the federal structure of the Constitution”.
In its plea, the state had insisted that the visit was proposed in connection with the participation of the Punjab State Cooperative Supply and Marketing Federation Ltd (MARKFED), the apex cooperative of the state government, in SIAL Paris 2026, an international food trade show scheduled to be held from October 17 to 21.
“The stall of MARKFED has been allotted under the APEDA India Pavilion by the Agricultural and Processed Food Products Export Development Authority (APEDA), which is a body under the Union Ministry of Commerce and Industry itself,” it read.
It had further stated that the Indian Mission in France had been consulted, administrative approval and cadre clearance had been granted, and the entire expenditure was to be borne by MARKFED. Despite these steps, the petition alleged, “the application has simply been shown as ‘denied’ on the portal. No reason has been given and no opportunity was afforded to the petitioner.”
The petition had added that the Department of Cooperation of the state government approached the Ministry of External Affairs for clearance through letters dated September 3 and 8, while the online application for political clearance was submitted on September 9, more than five weeks in advance.
The petition had further sought a writ of certiorari or another appropriate writ, order or direction quashing the decision denying political clearance, while seeking a direction to the respondents to grant political clearance for the aforesaid visit forthwith and to produce the complete record relating to the decision taken on the aforesaid application.
The state had contended that the decision amounted to unwarranted interference by the Central Government in matters falling within the executive power of the state under Article 162 of the Constitution, read with Entries 14, 24, 26, 27 and 32 of List II of the Seventh Schedule.
It had also sought a direction to grant political clearance during the pendency of the petition, subject to its final outcome. “Since the delegation is scheduled to leave on October 15, the matter requires urgent consideration,” the state had added yesterday.
