IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, J.
Rajiv Saxena - Appellant
Versus
Union Of India & Anr. - Respondent
Writ Petition (Civil) No. 6573 of 2019; Civil Miscellaneous No. 24100 of 2020
Decided On : 13-10-2020
Passport - Suspension of Passport - The Passports Act, 1967, Section 10, Section 10A
Fact of the Case:
The petitioner challenged the suspension and extension of suspension of his passport under Section 10A of The Passports Act, 1967. The petitioner was deported from Dubai and a Show Cause Notice was issued to him. The petitioner represented against the orders, alleging mala fide intentions and lack of due process. The Central Bureau of Investigation (CBI) sought impleadment in the petition, citing the petitioner's involvement in the Agusta Westland Helicopter Scam and evasion of the process of law in India.
Finding of the Court:
The court found that the orders suspending and extending the suspension of the petitioner's passport were illegal and set them aside. The court also dismissed the application by the CBI seeking impleadment, allowing them to take remedies as may be open to them in law. The court refrained from making any comment on the petitioner's permission to travel abroad due to pending criminal proceedings.
Issues: The issues involved the legality of the suspension and extension of suspension of the petitioner's passport, the mala fide intentions alleged by the petitioner, and the impleadment application by the CBI.
Ratio Decidendi: The court held that the orders suspending and extending the suspension of the petitioner's passport were in violation of statutory safeguards provided by the Act, including the grant of hearing and giving of reasons. The court also refrained from making any comment on the petitioner's permission to travel abroad due to pending criminal proceedings.
Final Decision: The court allowed the petition, directing the respondents to return the passport to the petitioner forthwith. The court also dismissed the application by the CBI seeking impleadment, allowing them to take remedies as may be open to them in law.
JUDGMENT
Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 25.01.2019 issued by the respondent no.1, suspending the passport of the petitioner, exercising powers vested in the respondent no.1 under Section 10A of The Passports Act, 1967 (hereinafter referred to as the ''Act'').
2. The petition further challenges the order dated 01.05.2019 issued by the respondent no.1, extending the period of suspension of the passport of the petitioner till the proceedings relating to variation, impounding or revocation of the passport under Section 10 of the Act are concluded. As a consequent relief, the petitioner prays for return of his passport.
3. By the Impugned Order dated 25.01.2019, in exercise of powers under Section 10A of the Act, the passport of the petitioner was suspended for a period of four weeks. The Impugned Order reads as under:
"Whereas, the Central Government has received a communication from the Enforcement Directorate (ED) stating that under the provisions of Prevention of Money Laundering Act, 2002 (PMLA) in a sensitive case under investigation registered by the ED bearing an ECIR No. DLZO/15/2014 dated 03.07.2014 against Shri Rajiv Saxena and that as the said person has not joined the investigation a request for his extradition has been made to the Government of UAE on 03.01.2019.
Whereas, the Central Government, on the basis of information available with it has sufficient reasons to believe that provisions of clause(c) of sub-section (3) of Section 10 of the Passports Act, 1967 are attracted against Shri Rajiv Saxena, son of Late Shri Samsherbahadur Saxena.
NOW THEREFORE, the Central Government has decided to suspend the passport No.Z3794664 and passport No.Z2148777 under the provisions of Section 10-A of the Passports Act, 1967 for a period of four weeks from the date of issue of this order. This issues with the approval of JS(PSP) &CPO."
4. The petitioner was deported from Dubai, UAE on 30.01.2019. A Show Cause Notice dated 13.02.2019 was issued by the Consulate General of India, Dubai to the petitioner asking him to show cause as to why his passport be not revoked under Section 10(3)(c) and Section 10(3)(e) of the Act in view of the criminal proceedings pending against him. The petitioner represented against the order suspending his passport vide letters dated 05.03.2019 and 16.04.2019.
5. The respondent, however, by the Impugned Order dated 01.05.2019 extended the period of suspension of the passport of the petitioner till the proceedings under Section 10 of the Act are concluded. The Impugned Order dated 01.05.2019 reads as under:
"WHEREAS, the Central Government on the basis of information available with it had sufficient reasons to believe that provisions of clause (c) of sub-section (3) of Section 10 of the Passports Act, 1967 may be invoked against Sh.Rajiv Saxena S/o Shamsherbahadur Saxena, suspended the passport No.Z3794664 of Sh.Rajiv Saxena under the provisions of Section 10-A of the said Act, for period of four weeks from the date of issue of an order in this regard.
NOW, therefore, the Central Government keeping in view the circumstances of the serious allegations, in terms of the statutory provision of section 10-A of the said Act, has decided to extend the period of suspension of Passport No.Z3794664 of Sh. Rajiv Saxena, for a further period till the proceedings relating to variation, impounding or revocation of passport or travel document under section 10 are concluded.
This issues with the approval of Joint Secretary (PSP) & CPO."
6. The petitioner filed the present petition challenging the above orders before this Court.
7. The learned counsel for the petitioner submits that the Impugned Orders are liable to be set aside as they do not give any reason for exercise of powers under Section 10A of the Act nor follow the procedure of granting a hearing to the petitioner. He further submits that the order of suspension of petitioner''s passport cannot be inde
Bachhittar Singh vs. The State of Punjab
Maneka Gandhi vs. Union of India
Satwant Singh Sawhney vs. D.Ramarathnam, Assistant Passport Officer
AI
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.