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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIBHU BAKHRU, J.
Vinod Kumar Asthana - Appellant
Versus
Joint Secretary (PSP) and Chief Passport Officer and Anr. - Respondent
Writ Petition (Civil) No. 3900, 17686 & 17687 of 2019
Decided on : 16-04-2019
Passports Act - Impounding of Passport - Section 10(3)(e), Section 11 - Summary: The court discussed the impounding of the petitioner's passport under Section 10(3)(e) of the Passports Act, 1967 and the rejection of the appeal by the Central Government under Section 11. The court emphasized that the pendency of a criminal case is not automatically a ground for impounding a passport and highlighted previous decisions supporting this view. The court directed the respondents to set aside the impugned orders impounding the petitioner's passport, allowing the petitioner to travel overseas on his current passport subject to compliance with conditions imposed by the learned Special Judge.
Fact of the Case:
The petitioner challenged the impounding of his passport under Section 10(3)(e) of the Passports Act, 1967, following a criminal case filed against him. The petitioner had already been granted travel overseas, and the court considered impounding the passport unwarranted.
Finding of the Court:
The court found that impounding the passport was not warranted, especially since the petitioner had already been granted permission to travel overseas and had complied with conditions imposed by the learned Special Judge.
Issues: Impounding of passport under Section 10(3)(e) of the Passports Act, 1967, rejection of appeal by the Central Government under Section 11, and the relevance of the pendency of a criminal case in such matters.
Ratio Decidendi: The pendency of a criminal case is not automatically a ground for impounding a passport, as highlighted by previous court decisions. The court directed the respondents to set aside the impugned orders impounding the petitioner's passport, allowing the petitioner to travel overseas on his current passport subject to compliance with conditions imposed by the learned Special Judge.
Final Decision: The petition was disposed of with the direction for the respondents to set aside the impugned orders impounding the petitioner's passport, allowing the petitioner to travel overseas on his current passport subject to compliance with conditions imposed by the learned Special Judge.
VIBHU BAKHRU, J.
1. The petitioner has filed the present petition, inter alia, impugning an order dated 01.04.2019 passed by respondent no.1 [the Joint Secretary (PSP) & Chief Passport Officer (Central Government)] in exercise of powers under Section 11 of the Passports Act, 1967. The petitioner also impugns the order dated 02.11.2018 passed by respondent no.2 (Regional Passport Officer) impounding the petitioner’s passport under Section 10(3)(e) of the Passports Act, 1967.
2. The said action has been taken against the petitioner consequent to the request of the Central Bureau of Investigation (CBI) and in the backdrop of a criminal case instituted against the petitioner. It is stated that CBI had lodged a FIR (FIR 220/2017 E0013 of 2017 dated 05.07.2017) under Section 120B read with Section 420 of the Indian Penal Code, 1860 read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988.
3. Thereafter, on 16.04.2018, the CBI had also filed a charge-sheet before the Special Judge, CBI-01 Patiala House Courts.
4. The learned Special Judge took cognizance of the said charge-sheet on 30.07.2018. Thereafter, on 31.08.2018, the petitioner had applied for the grant of regular bail, which was granted to the petitioner on 06.10.2018. The petitioner was further called upon to surrender his passport to the concerned Court. In compliance with the said condition, the petitioner had deposited his passport with the learned Special Judge on 06.10.2018.
5. Thereafter, the petitioner filed an application before the concerned Court seeking permission to travel to Pennsylvania and Boston, United States of America during the period 03.05.2019 to 16.06.2019 and accordingly, sought release of his passport. The petitioner stated that the purpose of the visit was to attend convocation ceremony of his son. The said application was allowed by an order dated 28.03.2019 subject to various conditions. Paragraph 19 of the said order indicating the conditions imposed on the petitioner is set out below:-
“i. Applicant/A-13 Vinod Kumar Asthana shall furnish FDR for a sum of Rs. Twenty Five Lacs (Rs.25 lacs) which shall be liable to be forfeited in favour of Government of India in case the applicant/A-13 Vinod Kumar Asthana violates any of the conditions of this order.
ii. The applicant/A-13 Vinod Kumar Asthana would be returning during summer vacations. Therefore, the applicant/A-13 Vinod Kumar Asthana shall inform the IO about his arrival in India within 48 hours of his return and shall surrender his Passport to the IO. Thereafter, the IO shall deposit with this court the Passport of A-13 Vinod Kumar Asthana within two days of reopening of the courts.
iii. In any eventuality, applicant/A-13 Vinod Kumar Asthana shall not request for extension of his stay abroad.
iv. The applicant/A-13 Vinod Kumar Asthana shall not tamper with the evidence or influence witnesses in any manner and shall not use the permission granted to him contrary to the rules.
V. During his stay abroad, applicant/A-13 Vinod Kumar Asthana shall be represented before the court by his counsel and no adjournment shall be requested on his behalf due to his absence.
vi. The applicant/A-13 Vinod Kumar Asthana has already given the details of his stay at Pennsylvania and Boston, United States of America and contact number used by him during that period. He will also provide a mobile number on which he can be contacted during this period.
vii. The passport of the applicant /A-I3 Vinod Kumar Asthana at present is impounded by RPO, Gaziabad. Appeal against the said order is pending before the Appellate Authority. The passport shall be returned by this court to the applicant/A-13 Vinod Kumar Asthana only if the impugned order dated 02.11.2018 impounding his passport is set aside and not otherwise. The permission given to applicant /A-13 Vinod Kumar Asthana to visit abroad is subject to other applicable rules and shall not be treated as a direction to any other authority including the appel
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