Padma v. The Regional Passport Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.28541 of 2019 Padma
...Petitioner
Vs.
1.The Regional Passport Officer, The Regional Passport Office, Rayala Towers, No.2 and 3, IV Floor, New No.158, Anna Salai, Chennai-600 002..
2.The Inspector of Police, CBCID, EOW, Chennai.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first respondent to re-issue the passport under medical emergency to the petitioner.
For Petitioner : Mr.N.Manoharan for M/s.K.Ramani For R1 : Mr.R.Vasudevan Central Government Standing Counsel For R2 : Mr.C.Iyyapparaj, Additional Public Prosecutor
O R D E R
Apprehending that the pendency of the criminal case which would create impediment for reissuance of passport, this writ petition is filed seeking Mandamus for the first respondent, for re-issuance of the passport.
2.In an identical situation, this Court has placed reliance on the notification of the Ministry of External Affairs which enables re-issuance of passport to the person against whom criminal cases are also pending. In one such case dated 27.03.2018, in Crl.O.P.No.8544 of 2018 in the case of
V.Balagurusamy Vs The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai-600 040, this Court had passed the following order:
"3.Challenging the said charge sheet in C.C.No.3792 of 2012 on the file of the learned X Metropolitan Magistrate (Allikulam), Egmore, Chennai 600 008, the petitioner has filed petition to quash the proceedings before this Court in Crl.O.P.No.25797 of 2014 and by an order dated 18.09.2014, proceedings have been stayed pending the Criminal Original Petition.
4.It is in this backdrop that this petition has been filed, seeking permission to travel abroad. In this connection, it would be appropriate to refer to a Gazette notification issued by the Ministry of external affairs, Government of India, which reads as follows: MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 25th August 1993 G.S.R.570(E).- In exercise of the powers conferred by clause(a) of Section 22 of the Passports Act 1967 (15 of 1967) and in super session of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified.
(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period of travel abroad;
(d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.
(No.V1/401/37/79) /sd/
5. The above notification is self explanatory and as such, the mere pendency of the criminal proceedings will not prevent the petitioner to travel abroad for which purpose issuance of travel permit or Visa is necessary. As such, the petitioner would be at liberty to travel in and out of the Country, without reference to any pendency of the criminal proceedings.
6.It is also pertinent to mention that on several earlier occasions, the travel permit was refused by the authorities which made the petitioner to approach this Court, seeking for similar direction. One, such order reads as follows:- 5.It is seen that the proceedings in C.C.No.3792 of 2012 has been stayed by this Court in Crl.O.P.No.25797 of 2014 on 18.09.2014 and the stay is still in force.
The petitioner has roots in India and there are reasons to believe that he will not abscond. It is also brought to the notice of this Court that earlier, in Crl.O.P.No.9586 of 2013, this Court had passed an order on 29.04.2013 granting permission to the petitioner to visit the United Kingdom.
Thereafter, this Court had also passed an
order on 12.06.2015 in Crl.O.P.No.14275 of 2015 granting permission to the petitioner to visit the United Kingdom and Singapore.
6.Under such circumstances, permission is granted to the petitioner to visit the United Kingdom. The petitioner shall appear before the X Metropolitan Magistrate, Egmore, Chennai and file an affidavit disclosing his address in the United Kingdom and also about his itinerary. On such affidavit being filed with petition, the learned X Metropolitan Magistrate, Egmore, Chennai, is directed to accept the same and formally grant permission to the petitioner.
3.In view of the above discussion, it would be appropriate to direct the first respondent to reissue the passport. It is needless to point out that while re-issuing the passport, the first respondent herein is at liberty to impose certain reasonable restrictions as reflected in the notification of the Ministry of External Affairs dated 25.08.1993. Such a process of re-issuance of passport shall be completed within a period of two weeks from the date of receipt of a copy of this order. 4.With the above observation, this writ petition is disposed of. No costs.
pnn Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Regional Passport Officer, The Regional Passport Office, Rayala Towers, No.2 and 3, IV Floor, New No.158, Anna Salai, Chennai-600 002.
2.The Inspector of Police, CBCID, EOW, Chennai.
+1cc to Mr.C.P.Palanichamy, Advocate, SR.No.84943 +2cc to Mr.R.Vasudevan, Advocate, SR.No.85165 & 85633 W.P.No.28541 of 2019 Kak(12/11/2019)