Uma Sankar Ramamoorthy 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.9746 of 2023 Uma SankarRamamoorthy ... Petitioner Vs 1.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.
2.The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to re-issue a passport to the petitioner pursuant to his application dated 28.10.2022 bearing file number MD1074718291722 by considering his reply dated 17.03.2023 more particularly within a time frame as may be stipulated by this Court. 1/7
For Petitioner : Mr.K.Muthuvai Ilayaraja For R1 : Mr.D.M.Balakrishnan Central Government Standing Counsel For R2 : 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.D.M.Balakrishnan, learned Central Government Standing Counsel, who takes notice for the first respondent submits that in view of pendency of a criminal case in CC No.296 of 2023 pending as against the petitioner, the respondents have not considered the petitioner's application.
3.Mr.P.Kottaichamy, learned Government Advocate, who takes notice for the second respondent submits that a case in Crime No. 2/7
96 of 2022, for the offences punishable under Sections 279 & 304A IPC on the file of the Nainarkovil Police Station has now been charge sheeted and taken on file by the Judicial Magistrate Court, Paramakudi in CC No.296 of 2023.
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:- "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."
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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 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 4/7
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 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 5/7
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 To 1.The Regional Passport Officer, Madurai, Bharathi Ula Veethi, Race Course Road, Madurai-625 002.
2.The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.
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B.PUGALENDHI, J.
vrn Order made in W.P.(MD).No.9746 of 2023 28.07.2023 7/7