Suman Chawla v. Union Of India & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1725/2016 SUMAN CHAWLA ..... Petitioner Through Mr.Rajiv Gupta, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through Mr.Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 23.03.2016 Present writ petition has been filed challenging the order dated 4th December, 2015 passed by respondent no. 2-Chief Passport Officer. Petitioner also seeks a direction to respondent to issue a normal passport to her.

It is stated in the petition that upon petitioner applying for renewal of her passport before the Indian High Commission in Malaysia, she learnt that an Emergency Certificate had been issued in 2010 to another person who misrepresented herself to be the petitioner.

It is further stated in the petition that petitioner filed an appeal before respondent no. 2-Chief Passport Officer which was allowed vide order dated 04th December, 2015 with an advice to PO at Malaysia to issue a short validity passport for six months. Learned counsel for petitioner states that respondents are

forcing the petitioner to fly back to India. He further states that no visa is issued by any country on a six month‟s short validity passport and petitioner needs a proper passport to travel back to India. Mr.Kirtiman Singh, who appears on advance notice for the respondents, has handed over a letter dated 18th March, 2016 written by Mr.Sanjiv Aggarwal, Deputy Secretary (CPV-C), Ministry of External Affairs. The relevant portion of the said letter reads as under:- "2. Considering the cases of Ms.Chawla and the grounds and prayer, the Hon'ble Court may be apprised that the High Commission of India, in Malaysia may consider issuing one year validity passport (instead of six months validity)to enable her to obtain Malaysian visa. Subsequently she may submit another passport application which may be processed by the High Commission for issue of full validity passport, subject to usual checks and procedure."

Keeping in view the aforesaid letter, the Passport Officer at Malaysia is directed to issue a one-year validity passport to the petitioner. Upon the petitioner subsequently filing another passport application, the Indian High Commission in Malaysia is directed to issue a full-validity passport to the petitioner subject to usual checks and procedure.

The MEA is also directed to examine the petitioner‟s allegation that another lady on the petitioner‟s name had travelled to India on an Emergency Certificate issued against the petitioner‟s passport. With the aforesaid directions, the present writ petition stands disposed of.

MANMOHAN, J MARCH 23, 2016 KA