Kannan v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.4704 of 2023 Kannan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai District.
2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to renew the petitioner's passport in Passport No.K3484733 1/8
in reference to the File No.MD01C5001254123 dated 06.01.2023, pending on the file of the first respondent authorities, by considering the petitioner's representation dated 27.02.2023. For Petitioner : Mr.T.Veerakumar For R1 : Mr.K.R.Laxman Central Government Standing Counsel For R2 & R3 : Mr.P.Kottaichamy Government Advocate
O R D E R
The petitioner's application for renewal of passport was not considered by the Passport Authority, on the ground that a criminal proceeding is pending as against this petitioner before the Criminal Court.
2.Mr.K.R.Laxman, learned Central Government Standing Counsel, who takes notice for the first respondent submits that in view of pendency of a criminal cases pending as against the petitioner, the respondents have not considered the petitioner's application. 2/8
3.Mr.P.Kottaichamy, learned Government Advocate, who takes notice for the second & third respondents submits that the petitioner is involved in the following criminal cases:- Sl.No.
Name of the Police Station Crime Nos.
Offences 1.
Ilayankudi 155/2019 379 IPC, Section 3(1) of TNPPLD Act, 21(1) Mines and Minerals Act 2.
Ilayankudi 178/2022 Sections 8,9 TNG Act 3.
Kalaiyarkovil 70/2021 Section 12 of TNG Act He further submits that Crime No.178 of 2022, on the file of the Ilayankudi Police Station has now been charge sheeted and taken on file by the Judicial Magistrate Court, Sivagangai in STC No.1243 of 2022. 4.The Passport Authority can refuse the passport and any travel documents under Section 6 of the Passport Act, 1967. Section 6(2)(F) of the Act would be relevant and the same is extracted as under:- 3/8
"6.Refusal of passports, travel documents, etc- ...
(2)Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely - ...
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India."
5.The above provision enables the Passport Authority to refuse the passport or travel document to an applicant on the ground that proceedings in respect of an offence alleged to have been committed by the applicant is pending before a Criminal Court. 6.The Ministry of External Affairs, Government of India, has issued a statutory notification in GSR.570(E) dated 25.08.1993 with 4/8
certain guidelines by providing relief to those applicants against whom criminal proceedings are pending before the Courts that they can obtain the passport by obtaining No Objection Certificate from the concerned Court and also by filing an undertaking as prescribed in the notification. 7.Ordinarily, the duration of a passport as per Rule 12 of the Passport Rules is for a period of 10 years. In the event if the applicant is facing any criminal proceedings, the passport may be issued by restricting the period. Therefore, the Passport Authority is not justified in not deciding the application filed by the petitioner for renewal of passport by referring the pendency of any criminal case before the Court.
8.Accordingly, this writ petition is disposed of with the following directions:- i. The petitioner shall file an affidavit of undertaking along with substantive sureties to ensure his 5/8
availability for the trial, before the concerned Court where the case is pending. The Court, on satisfaction and after ensuring his availability for the trial, shall issue a No Objection Certificate to the petitioner enabling him to get his passport renewed.
ii. The petitioner, thereafter, shall file an affidavit under GSR.570(E) along with a No Objection Certificate obtained from the concerned Court before the Passport Authority. On such presentation of the application, the Passport Authority shall consider the same and renew the passport for a temporary period depending upon the requirement. No costs.
28.07.2023 NCC : Yes / No.
Index : Yes / No.
Internet : Yes vrn 6/8
To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai District.
2.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
3.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.
7/8
B.PUGALENDHI, J.
vrn Order made in W.P.(MD).No.4704 of 2023 28.07.2023 8/8