Lakhwinder Singh v. Union Of India And ORS

In the High Court of Punjab and Haryana at Chandigarh 2023:PHHC:089786 CWP No. 26184 of 2021 (O&M) Date of Decision: 18.07.2023 Lakhwinder Singh ---Petitioner versus Union of India and others ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Ritesh K., Sharma, Advocate for the petitioner Mr. Amit Sharma, Advocate for Union of India **** JAGMOHAN BANSAL, J. (ORAL) CM No. 10955 of 2023 Allowed as prayed for.

Annexures P-3 and P-4 are taken on record. Registry is directed to tag the same at an appropriate place. CWP No. 26184 of 2021 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking direction to respondents No. 1 and 2 to renew/re-issue passport of the petitioner. 2.

Learned counsel for the parties are ad idem that FIR No. 29 of 2015 is pending against the petitioner. The police after completing investigation has already presented challan and trial is PARAMJIT KAUR SAINI 2023.07.18 17:43 I attest to the accuracy and authenticity of this order/judgment

CWP No. 26184 of 2021 (O&M) -2- 2023:PHHC:089786 going on. As per Notification dated 25.08.1993 issued by Central Government in exercise of power conferred by Section 22 of the Passport Act, 1967 (in short "the Act"), passport authority may issue passport to any person against whom criminal proceedings are pending, however, applicant is required to get prior approval of the Court concerned.

3.

In view of notification No. 570 dated 25.08.1993, an applicant seeking passport is supposed to get permission of the Court. The relevant extracts of the Notification read as:- "G.S.R. 570(E).-In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R.

CWP No. 26184 of 2021 (O&M) -3- 2023:PHHC:089786 the passport shall be issued for a period one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or and all connected cases (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued."

4. In view of aforesaid notification which has been issued in exercise of power conferred by Section 22 of the Act, the petition is disposed of with liberty to the petitioner to move an appropriate application before the concerned court. If such an application is filed, the concerned

CWP No. 26184 of 2021 (O&M) -4- 2023:PHHC:089786 Court shall decide the same expeditiously.

( JAGMOHAN BANSAL ) JUDGE 18.07.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No