Sreyas Sripal v. Union Of India & ANR

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3559/2017 SREYAS SRIPAL ..... Petitioner Through:

Mr Sabarish Subramaniam, Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr Anil Panwar, CGSC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 16.11.2017 1.

The petitioner has filed the present petition, inter alia, praying that respondents be directed to renew the petitioner's passport for the full block period of 10 or 20 years as the case may be in terms of Rule 12 of the Passport Rules.

2.

The petitioner's grievance is that his passport is being renewed only for a period of one year at a time and thus, he is compelled to approach respondents repeatedly.

3.

The learned counsel for the respondents states that the petitioner's passport has been renewed in the aforesaid manner pursuant to GSR 570 (E) dated 25.08.1993. In terms of the said order, an applicant against whom proceedings are pending before a Criminal Court, is required to produce orders from the Court permitting him to depart from India and the passports would be issued for the period for which the applicant is permitted to travel overseas. In case, the permission for travelling abroad is for a period less than one year, the passport shall be issued for a period of one year. In accordance with the aforesaid provision, respondent no.2 has been issuing

the passport with validity of only one year.

4.

Admittedly, the petitioner has been acquitted by an order dated 20.10.2014 passed by the Additional Chief Metropolitan Magistrate, Chennai in Criminal Appeal No. 824/2014 in CC no. 31289/2004 captioned Shreyas Sripal v. State. It is stated that the State has preferred an appeal which is pending. However, no order restricting the petitioner from travelling overseas has been passed. Apart from the said case there is no other criminal case that are pending 5.

In view of the above, it is debatable whether the GSR in question would be applicable. However, without going into the said question, the petitioner states that he would be satisfied if his passport, which is to expire in about three months, is renewed for a period of three years in this instance. It is noticed that the petitioner's passport had been renewed for a similar period on a previous occasion as well; that is, by virtue of an order dated 09.07.2014 passed by this Court in W.P.(C) 1590/2014. Thus, the respondents can have no objection to a similar order being passed in this petition as well. It is so directed.

6.

The aforesaid order is subject to the petitioner furnishing all necessary documents for renewal of his passport.

7.

The petition is disposed of with the aforesaid direction. 8.

Order dasti.

VIBHU BAKHRU, J NOVEMBER 16, 2017 RK