on the pretext of getting medical treatment, Shrl Lone had indulged in anti-Indian activities/
propaganda. A passport had thereform been denied to him under Section 601 of the Passport
Act, 1967. The Union Home Ministry also emphasised in its report that withholding Shri Lone's
travel document and hlnderlng his going on Haj would not constitute a violation or infringement
of his rights under Article 25 of the Constitution, as these rights were subjected to public
order, morality, health and other provisions of Part-Ill of the Constitution.
The Commission, after giving careful consideration to both the reports, took the view
that the issue regarding Article 25 guaranteeing right to freedom of religion was of relevance
earlier in 1994 when Shri Loneb request for a travel document for the purpose of going on Haj
was considered and rejected. But in present consideration, It felt that the issue that the petition
of Shri Lone realty raised was concerning the provisions of Article 21 of the Constitution relating
to the right to lih. The Commission, in this context, further noted that despite Shri Lone
having been repeatedly treated at Escmrts, an institution of the highest calibre by any standard,
his health was failing. Indeed, an angioplasty and stenting in June, 1998, followed by a bypass operation in November, 1998 and a further angioplasty in February, 1999 had not
succeeded in arresting the decline in his health. While taking full account of the serious views
expressed by the Home Ministry In regard to Shri Lone's antecedents and the past reasons for
the denial of a travel document, the Commission thought that It was under a duty at this stage
of the case to recognize that the m a t h now related to the Right to Life itself. The Commission
klt that, in the circumstances that Shri Lone was facing, respect fur his Right to Life would
necessarily imply that he be allowed to travel abroad to seek such further medical advice and
treatment as he considered essential b his survival. The Commission recommended that the
Govt. of India urgently issue the appropriate travel documents to Shri Lone. However, the
Commission added that It was open Lo the Govt. to make such restrictions,as it considered
appropriate in respect of such matters as duration and the countries for which they would be
valid.
26.
Atrocities agalnst minorities: Killing of Australian misslonary and sons: Orissa
(Case No.422118B8-99)
Acting suo-motu on 25 January 1999, the Commission expressed its deep shock and
pdn at the recent attacks on the members of the Christian community in Madhya Pradesh,
Gujarat and Orissa which had k e n exlensively reported in the Press. The Commission further
observed that, in each of the States, the investigating machinery of the respective States was
said to have been set in motion to go irlo the tragic events that had occurred. The Commission
added, however, that given the recurrent character of these grievous occurrences, a pattern
transcending any single State appeared to be emerging, threatening the pluralistic character
of the country and constitutimally maranteed human rights. Stating that it was greatly
concerned by these develqments, the Commission was of the view that the spreading menace
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