Mohammed Rafi v. Regional Passport Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-07-2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P.No. 8109 of 2025 Mohammed Rafi Petitioner(s) Vs
1. Regional Passport Officer, Regional Passport Office , Royala Towers No. 2 and 3, 4th Floor, Old No. 785, New No.158, Anna Salai, Chennai 600 002.
2.The State Respresented By The Inspector Of Police (law And Order), R-9, Valasaravakkam Police Station, Chennai -600 087.
Respondent(s) PRAYER To modify the order in W.P No. 8109/2025 dated 07.03.2025 that the first respondent shall consider the petitioner's application under file No. MA1077363093125 dated 03.02.2025 and renew the passport for normal course
of validity period of 10 years.
For Petitioner(s):
M/s.S.R.SHENBAGA BAABU For Respondent(s):
M/s.R.Sidharth Govt.Advocate For R1 Ms.J.R.Archana Govt.Advocate ( Crl.Side) For R2
ORDER
This petition is filed for modification of the original order dated 07.03.2025 passed in the W.P.No. 8109 of 2025.
2. A detailed order was passed by this Court on 27.06.2025, recording the grievance of the writ petitioner and the purpose for which the modification application is filed. The same is extracted hereunder:- "When the matter came up for hearing today, the learned Counsel for the petitioner would submit that as per the Government of India Notification No.289, dated 25.08.1993, if the renewal is done based on the orders of the Court for this, the Court specifies the period for which the Passport to be issued, the instructions to the Authority is to renew only for the period of one year and therefore, since this Court has not specified the period, the Authorities are renewing only for the period of one year. Learned Counsel further submits that the case which the petitioner is facing is only under Section 342 and it may take a while for the criminal trial to complete and the petitioner is taking the permission of this Court and then only proceeding to the
other countries. However, if the Passport also expires every year, there is a difficulty for the petitioner and therefore, she prays for modification"
Under the circumstances, further time was granted.
4. When the matter was taken up today, it can be seen that a condition was already imposed that the petitioner should obtain permission from the concerned Criminal Court before leaving the country. However, since it is the rule of the Central Government that, unless specifically directed by the Court, in cases where criminal proceedings are pending, they will grant renewal of passports for one year alone, it would be a laborious for both for the petitioner and the department.
5. Considering the pending criminal case, the earlier order dated 07.03.2025 passed in the writ petition in W.P.No.8109 of 2025 is modified to include the following in paragraph No. 4(i):
" Such renewal can be granted for a period of three years and thereafter, depending on the pendency of the criminal case, may be renewed further in accordance with the rules."
6. With the above modification, the writ miscellaneous petition stands disposed of.
04-07-2025 nsl
To 1.Regional Passport Officer, Regional Passport Office, Royala Towers No. 2 and 3, 4th Floor, Old No. 785, New No 158, Anna Salai, Chennai 600 002.
2.The State Respresented By The Inspector Of Police (law And Order), R-9, Valasaravakkam Police Station, Chennai -600 087.
D.BHARATHA CHAKRAVARTHY J.
nsl in W.P.No. 8109 of 2025 04-07-2025