Section 179: Passport Regulations – Objection to departure—The applicant who

179. Passport Regulations – Objection to departure—The applicant who was under police enquiry sought an order setting aside a police objection to his departure to the United Kingdom on business. The applicant contended that his freedom of movement guaranteed under section 15 (1) of the Constitution could only be restricted where that restriction was made pursuant to a law and alternatively that he should be allowed to leave Mauritius on furnishing security for his return. HELD (i) the power exercised under regulation 14 (b) of the Passport Regulations gives the police the power to withhold passports and the Police CON – 213 [Issue 1] The Constitution Act section 9 gives the police the power in these circumstances to object to the departure within the requirement of section 15 of the Constitution; (ii) if the action of the police was, while permissible, not reasonably justifiable in a democratic society or an abusive or unreasonable use of their power, the Court could order alternative measures. Dookhy v Passport and Immigration Officer (1987).