Harish v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Harish ... Petitioner v.
1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.
2.The Inspector of Police, Madurkur Police Station, Thanjavur District.
Cr.No.1065/2020 ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the first respondent to reissue or renew the passport to the petitioner on the basis of his application in No.TR1075146477123 dated 08.03.2023 within a stipulated time limit. 1/6
For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.C.Nandagopal, Central Government Standing Counsel for R.1 Mrs.D.Farjana Ghoushia, Special Government Pleader for R.2 *****
ORDER
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.Learned Special Government Pleader for the second respondent Police submitted that the petitioner has involved in a case in Crime No.1065 of 2020 for the offence under Sections 294(b), 324, 341 IPC. The petitioner was a minor at the relevant point of time and therefore, the final report has been filed before the concerned Juvenile Court, Thanjavur and the same is yet to be taken on file.
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3.Learned Central Government Standing Counsel for the first respondent / Passport Authority submitted that since they have received adverse remarks as against the petitioner, they are yet to take a decision on the petitioner's application.
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 in not considering the application filed by the petitioner for passport by referring the criminal case. 4/6
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 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. There shall be no order as to costs.
Index :
Yes / No 13.07.2023 NCC :
Yes / No Internet :
Yes gk 5/6
B.PUGALENDHI, J.
gk To 1.The Regional Passport Officer, Regional Passport Office, Tiruchirappalli, New Municipal Complex, Thillainagar 7th Cross, Tiruchirappalli - 620 018.
2.The Inspector of Police, Madurkur Police Station, Thanjavur District.
13.07.2023 6/6