Punjab & Haryana High Court Quashes Centre’s Denial of Political Clearance to Punjab CM Bhagwant Mann’s France Visit; Reasons Cannot Be Supplemented Through Affidavit

Case Name: State of Punjab v. Union of India and Others

Date of Judgment: 16 October 2026

Citation: CWP No. 34610 of 2026

Bench: Justice Tribhuvan Dahiya

Held: The Punjab and Haryana High Court held that the Ministry of External Affairs’ refusal to grant political clearance to a delegation headed by Punjab Chief Minister Bhagwant Mann for an official visit to France could not be sustained when the communication merely stated that clearance was declined from the “political angle” without disclosing any reasons. Relying upon the Constitution Bench judgment in Mohinder Singh Gill v. Chief Election Commissioner, AIR 1978 SC 851, the Court reiterated that the validity of an administrative order must be judged on the reasons contained therein and cannot subsequently be justified by introducing fresh grounds through an affidavit or otherwise.

Summary: The State of Punjab challenged the Ministry of External Affairs’ decision dated 12 October 2026 denying political clearance to a three-member delegation comprising the Chief Minister, Chief Secretary and Principal Secretary to the Chief Minister for attending the SIAL International Food Exhibition in Paris from 17 to 21 October 2026.

The State contended that the visit was intended to promote agricultural exports, food processing and international investment opportunities, particularly through MARKFED, whose participation in the exhibition had been confirmed by APEDA. It alleged that the refusal was arbitrary, unreasoned and politically motivated.

The Union Government defended its decision on grounds including diplomatic considerations, security risks to the Chief Minister, absence of a proper bilateral invitation from the foreign government and lack of any functional role for the Chief Minister at the exhibition.

The High Court rejected the justifications concerning the invitation and functional role, observing that the Chief Minister had been invited to the exhibition and was himself heading the official delegation. More importantly, the Court found that these grounds were absent from the original refusal and could not be introduced subsequently through an affidavit to sustain the impugned decision.

Decision: The High Court allowed the writ petition and set aside the communication denying political clearance to the Punjab Government delegation. The Union Government was directed to urgently approve the proposed France visit, facilitate the delegation’s departure according to the submitted programme and extend all necessary protocols under the prescribed procedure.