Though there was no formal challenge to the OMs, Justice Dixit emphasized that this would not prevent a Writ Court from exercising its powers as custodians of the Constitution and protectors of fundamental rights.
The Court further said that the OMs have not been shown to be issued under any provision of the Passports Act or any other statute.
“When such instruments are pressed into service by the State Entities under Article 12, to repel the complaint of violation of Fundamental Rights, Constitutional Courts cannot blindfoldedly accept the same as being valid & enforceable, merely because no challenge in the pleadings is laid to their vires.”
Thus, the Court held that even without a formal challenge, the courts can refuse to take cognizance of such instruments when their “voidness is apparent on their face.”
Source: Barandbench
