Sathiyamoorthy v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sathiyamoorthy ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District.
2.The Inspector of Police, Thirupullani Police Station, Ramanathapuram District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the 1st respondent herein to renew the passport in application in File No.MD01C5049606723 application dated 05.06.2023 and thereby renew the petitioner's passport within the time limit that may be stipulated by this Court.
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For petitioner : Mr.J.Vishnu For Respondent : Mr.V.Malaiyendran No.1 Central Government Standing Counsel For Respondent : Mr.P.Kottaichamy, No.2 Government Advocate (Crl Side)
ORDER
The petitioner's application for renewal of passport has not been considered by the 1st respondent/ the Passport Officer, on the ground that an FIR is pending as against this petitioner.
2.The learned Counsel for the petitioner submits that the petitioner has made an application for renewal of passport on 05.06.2023. However the petitioner's application has not been considered by the 1st respondent so far. Therefore, this writ petition is filed.
3.The learned Counsel for the 1st respondent submits that the petitioner has involved in in a case in Crime No.118 of 2022 on the file of the Thirupullani Police Station.
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4.The learned Government Advocate (Crl Side) appearing for the 2nd respondent submits that the investigation in Crime No.118 of 2022 has been completed, final report is filed and it is taken on file in C.C.No.274 of 2022 on the file of the Additional Mahila Court, Ramanathapuram 5.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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6.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.
7.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.
8.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.
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9.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. No costs.
04.08.2023 dsk NCC :Yes/No Internet:Yes/No Index : Yes/No 5/7
To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai District.
2.The Inspector of Police, Thirupullani Police Station, Ramanathapuram District.
Copy to The Judge, Additional Mahila Court, Ramanathapuram.
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B.PUGALENDHI, J.
dsk 04.08.2023 7/7