H.Shahul Hameed, v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.9312 of 2018 and W.M.P.(MD)No.8620 of 2018 H.Shahul Hameed
...Petitioner
-Vs1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirappalli, Tamil Nadu-620008.
2.The Inspector of Police, Adirampattinam Police Station, Adirampattinam, Pattukottai Taluk, Thanjavur District-614 701.
...Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to issue passport to the petitioner, within a time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.I.Irulappan, Standing Counsel For R2 : Mr.K.P.Krishnadoss, Special Government Pleader.
ORDER
The petitioner has come forward with this Writ Petition seeking a direction to the first respondent to issue passport to the petitioner, within a time period stipulated by this Court. 2.According to the petitioner, he had applied for passport for the first time in the year 1997 and obtained the same on 02.12.1997. In the year 2004, he had left for Dubai and thereafter, quit the job in the year 2009. Since his passport was damaged, he had applied for a passport on 23.07.2012. Thereafter, when he had approached the local police authorities in the year 2016, he came to know that he has been victimized and an FIR has been filed against him. Though the petitioner has not committed any offence, he has been falsely implicated in the case in Crime No.152 of 2014 on the file of the second respondent. Therefore, the petitioner has made several representations to the respondents, lastly on 13.01.2018. Since no efforts have been taken, the petitioner has approached this Court seeking aforesaid prayer.
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3.It is represented by the learned Standing Counsel appearing for the first respondent that the petitioner is having more than one passport, which came to light and the petitioner was not given the benefit of renewal of passport and there is a criminal case pending against the petitioner.
4.The learned Special Government Pleader appearing for the second respondent would submit that a case has been registered against the petitioner in Crime No.152 of 2014, for the offences punishable under Sections 466, 468, 471 and 420 IPC r/w 12(o) of Indian Passports Act, 1967 and investigation is completed and charge sheet is yet to be filed.
5.This Court is of the considered view that when a person is having more than one passport, certainly an enquiry has got to be conducted, more so, when a case has been foisted against the petitioner under Section 471 IPC. Depending upon the investigation and if any charge sheet is filed, the Passport Authority may consider the request of the petitioner in accordance with law. 6.In reply, the learned counsel appearing for the petitioner submitted that he is not having two passports, he is having only one passport.
7.Taking note of the submissions made by either side, this Court directs the Passport Authority to give passport and while issuing passport, the following guidelines have to be followed:- "(i) Whenever the petitioner travels abroad, he shall submit his tour plan/schedule before the Passport Authority, four days prior to his departure together with his contact number and e-mail address.
(ii) The petitioner shall furnish the self-attested copies of the travel documents viz. Visa, Air Ticket, etc., relating to his journey before the Passport Authority, (iii) The petitioner shall also furnish his full address of stay abroad, contact telephone numbers, fax number, e-mail address, etc., to the respondent. (iv) The petitioner, on his return to India, shall intimate the same to respondent and produce the selfattested copy of all pages of the passport within two working days of his returning India.
(v) In case he travels abroad, without any intimation as per the conditions mentioned supra, it is open to the Passport Authority either to cancel or not to renew the passport in future.
(vi) The Passport Authority must ensure that there is an endorsement in the passport that the passport has been issued pursuant to the orders of this Court and in case, the Passport/Airport Authorities require a copy of 2/3
the order, it should be produced by the petitioner to them so that they can verify the genuineness of the travel and the said endorsement should be made in all his renewed passports in future.
(vii) The passport authority shall keep a separate record with regard to this petitioner, so that genuineness of his travel and other relevant details shall be ascertained as and when required."
8.The Passport Authority shall ensure that these kind of directions are followed, while issuing passports to the persons, who are facing criminal case and whether the case is ended in acquittal or conviction, as in many cases, acquittal will be only on benefit of doubt.
9.Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Regional Passport Officer, Regional Passport Office, Municipal Water Tank Building, W.B.Road, Tiruchirappalli, Tamil Nadu-620008.
2.The Inspector of Police, Adirampattinam Police Station, Adirampattinam, Pattukottai Taluk, Thanjavur District-614 701.
+1 CC to M/s.T. LAJAPTHI ROY, Advocate ( SR-22591[F] dated 24/11/2020 ) +1 CC to M/s.I.IRULAPPAN, Advocate ( SR-22260[F] dated 20/11/2020 ) +1 CC to M/s.SPl GP ( SR-22549[F] dated 23/11/2020 ) W.P.(MD)No.9312 of 2018 20.11.2020 MA(CO) KB(02.12.2020) 3P 6C 3/3