Suthan v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Suthan ... Petitioner Vs 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai-625002.
2.The State Rep. By, The Inspector of Police, St Kulam Police Station, Kanyakumari 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 issue Passport based on the petitioner's Application No.MD2065548070123, dated 07.07.2023 For Petitioner : Mr.S.Sathyachidambaram For R1 : Mr.D.Saravanan Standing Counsel For R2 : Mr.P.Kottaichamy Government Advocate 1/7
O R D E R
The petitioner's application for grant 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.Saravanan, learned Central Government Standing Counsel, who takes notice for the first respondent submits that based on the police verification report, they have called for an explanation from this petitioner and issued a show cause notice on 13.07.2023. The petitioner has submitted his explanation that a case in Crime No.181 of 2021 on the file of the ST Kulam Police Station is pending as against him. In view of the same, the petitioner's application has not been processed.
3.Mr.P.Kottaichamy, learned Government Advocate, who takes notice for the second respondent submits that a case in Crime No.181 of 2021 on the file of the ST Kulam Police Station for 2/7
the offences punishable under Sections 294b, 323 and 506 (I) IPC is pending as against the petitioner. He further submits that final report has been filed and the same was taken on file by the Judicial Magistrate No.III, Nagercoil in CC No.408 of 2021 and the next date of hearing is 27.09.2023.
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 4/7
not justified in not deciding the application filed by the petitioner for 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 obtain the passport.
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 5/7
application, the Passport Authority shall consider the same and issue passport for a temporary period depending upon the requirement. No costs.
22.09.2023 NCC :Yes/No Index :Yes/No Internet:Yes vrn To 1.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Street, Race Course Road, Madurai-625002.
2.The State Rep. By, The Inspector of Police, ST Kulam Police Station, Kanyakumari District.
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B.PUGALENDHI, J.
vrn Order made in 22.09.2023 7/7