In Maneka Gandhi v. Union of India, (1978) 1 SCC 248 the Supreme Court held that the person affected must have reasonable opportunity of being heard and the hearing must be a genuine hearing and not an empty public relations exercise. It would not, therefore, be right to conclude that the audi alteram partem (principles of natural justice) rule is excluded merely because the power to impound a passport might be frustrated, if prior notice and hearing were to be given to the person concerned before impounding his passport.
A passport may be impounded withoul notice but before any final order is passed, the rule of audi alteram partem, would apply and the holder of the passport will have to be heard The petitioner has a right to be heard before a final order is passed. A fair opportunity of being heard following immediately upon the order impounding the Passport would satisfy the mandate of natural justice.
