The Punjab and Haryana High Court has set aside the Ministry of External Affairs’ decision to deny political clearance for Punjab Chief Minister Bhagwant Mann’s proposed visit to France, holding that the stated reason of a “political angle” was not adequately explained. Justice Tribhuvan Dahiya directed the Centre to urgently approve the visit and facilitate the delegation’s departure.
Background
The case, State of Punjab v. Union of India and Others, concerned the denial of political clearance for a three-member Punjab Government delegation to visit France from October 17 to 21, 2026. The delegation comprised Chief Minister Bhagwant Mann, the Chief Secretary and the Principal Secretary to the Chief Minister.
The proposed visit was intended to promote Punjab’s agricultural and food-processing products at SIAL Paris 2026, an international food industry exhibition. The Agricultural and Processed Food Products Export Development Authority (APEDA) had confirmed the participation of Punjab’s cooperative marketing federation, MARKFED, and allotted it a stall. MARKFED was to bear the entire cost of the visit.
Punjab had applied for political clearance on September 9, 2026, explaining the commercial purpose of the visit. However, on October 12, the Ministry of External Affairs (MEA) declined the request through its online portal, stating that clearance was refused “from political angle”.
The State Government challenged the decision before the High Court, arguing that the refusal contained no reasons and had come shortly before the scheduled departure. The Centre, in response, cited security concerns, diplomatic considerations and the Chief Minister’s alleged lack of a functional role at the exhibition.
Justice Tribhuvan Dahiya examined the refusal and the explanations subsequently offered by the Centre. The Court noted that the State had obtained the necessary approvals, explained the purpose of the trip and placed the relevant documents on record.
The Court observed:
“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.”
The Court also rejected the Centre’s contention that there was no proper invitation from the French side. It relied on a September 22 letter from SIAL to the French Embassy in India, which welcomed Mann’s participation and referred to opportunities for professional contacts and contract negotiations.
Addressing the Centre’s additional justifications, the Court relied on the Supreme Court Constitution Bench ruling in Mohinder Singh Gill v. Chief Election Commissioner. The principle established in that case is that an administrative order must ordinarily be judged by the reasons stated in it, rather than by fresh explanations supplied later through an affidavit.
The High Court held that the reasons subsequently presented by the Centre could not validate a refusal that had cited only a political angle without explaining it.
Allowing the Punjab Government’s petition, the High Court set aside the communication denying political clearance to the delegation led by Chief Minister Bhagwant Mann.
The Court directed the Centre to urgently approve the visit according to the programme submitted by the State Government, facilitate the delegation’s departure and extend the required protocols under the prescribed procedure.
Case Details
- Case Title: State of Punjab v. Union of India and Others
- Case Number: CWP-34610-2026
- Judge: Justice Tribhuvan Dahiya
- Decision Date: October 16, 2026
