( 1 ) THE facts as stated in the petition are that the petitioner is a Non Resident Indian residing at Dubai and is a law abiding Indian Citizen. There is no criminal case which is pending against her in this country. The petitioner deposited her Passport bearing No. A-992578 for renewal to respondent No. 3 and she was assured that she would get the passport on June 10, 1996 after renewal. However, the passport was never returned to the petitioner nor any reason for non-renewal was stated.

( 2 ) IT is further alleged that the petitioner intended to visit India in summer vacation from Dubai along with her children and she could not undertake the journey as her passport was not renewed and returned to her for no reasons nor any reply had been communicated to her by the Authorities. Similar incident had taken place in the year 1994 when passport of the petitioner was illegally retained by the Consulate General of India at Dubai for about a year and subsequently was released. The petitioner made representations to the Minister of External Affairs requesting for early return of her passport but there had been no response. Since there was no response from the concerned Authorities to the representations of the petitioner she was left with no choice but to file the present petition in this Court. The writ of mandamus is prayed for direction to the respondents to forthwith renew the passport of the petitioner and return the same to her.

( 3 ) SUBSEQUENTLY, this writ petition was amended as in the meanwhile the petitioner had received an Order dated September 25, 1996 passed under Section 10 (3) (c) of the Passports Act, 1967 (hereinafter referred to as the Act ) impounding the passport of the petitioner. This order reads as follows:

"consulate GENERAL OF INDIA DUBAI (U. A. E.) No. . . . . DUBAI. . . . Dated 25. 9. 1996 Smt. Hajra lqbal Memon, Post Box No. 52444, DUBAI U. A. E. Madam I am directed to inform you that your passport No. A-992578 dated 8. 7. 96 issued at Bombay has been impounded under Section 10 (3) (c) of the Passports Act, 1967. However, you are informed that you have a right to appeal under Section 11 of the Passports Act within 30 days of this Order to the Chief Passport Officer. Ministry of External Affairs, Tilak Marg, Patiala House, New Delhi upon payment of Dh3 as appeal fee. If your appeal does not reach us within the stipulated period, it be finalised as per Passport Act. Yours faithfully, sd/- R. B. Lal Counsel (Passport)"

( 4 ) THE petition was amended again as in the meanwhile the order in appeal was also passed by the Appellate Authority on January 1, 1997 arid the same has also been impugned in this petition. The order dated January 1, 1997 reads as follows:

"government of India Ministry of External Affairs (CPV Division) No. VI/405/1/68/93 Pt. V January 1, 1997 ORDER Mrs. Hazra Iqbal Memon wife of Iqbal Memon @ Iqbal Mirchi, the prime suspect in the Bombay Blast Cage, and holder of passport No. A-992578 dated 9. 7. 1986 had on 10. 6. 1996 applied to Consulate General of India, Dubai for its renewal/addition of visa sheets. In terms of Section 5 (2) of the Indian passports Act, 1967 CGI Dubai caused an enquiry on her application through Government channel. In the course of this enquiry, it was found by the Central Agencies that the properties belonging to her as well as her husband (as separate from hers) had been frozen by the Narcotics Cell, Mumbai and that the process of forfeiture of their separate and independent properties to the Government was in progress. As such it was reasonably apprehended and felt by the Central Agencies that if Mrs. Hazra Iqbal Memon was allowed to come to India/mumbai, it was lively that she may secretly dispose off the properties in her name as also the properties in the name of her husband lqbal Memon, the prime suspect in the Bombay Blast case. In view of this, the Ministry of External Affairs was advised that the passport granted to Mrs. Hazra lqbal Memon may