The court established the authority of the trial court to issue NOC for passport issuance to under trial accused, as per the provisions of relevant government notifications.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents particularly the respondent no. 2 to send all records to this Court appertaining to the application form submitted by the petitioner for issuance of passport as he has to go abroad though the date is not confirmed. Further prayer has been made for calling upon the respondent no. 2 as to under what authority he has withheld the issuance of said passport in favour of the petitioner merely on the ground that the petitioner is involved in a case registered as BTPS Case No. 111/2021 under Sections 498-A/341/323/504/506/494/34 of the Indian Penal Code, presently pending in the court of the Additional Chief Judicial Magistrate, Bermo at Tenughat. The petitioner has also prayed for issuance of direction upon the respondent no. 2 to immediately issue passport in favour of the petitioner as except pendency of the aforesaid criminal case, there is no other civil or criminal case pending against him and the said criminal case lodged by his wife is only with a view to harass and humiliate him.

2. A supplementary counter affidavit has been filed on behalf of the respondent nos. 1 and 2 bringing on record a copy of Office Memorandum No. VI/401/1/5/2019 dated 10.10.2019 issued by the Ministry of External Affairs, PSP Division, Government of India, New Delhi, which deals with the matter of issuance of passports to such applicants against whom criminal cases are pending before a court of law in India.

3. The said Office Memorandum dated 10.10.2019 as well as Notification No. GSR 570(E) dated 25.08.1993 issued by the Ministry of External Affairs, Government of India, have been taken into consideration by this Court in the case of “Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick Vs. The Union of India & Anr.” [W.P.(C) No. 1211 of 2021], the relevant paragraphs of which are quoted as under:

“10. If an applicant has obtained a passport by making a false submission or by suppressing material facts and it comes to light after issuance of the passport, the passport may be impounded or revoked as per provision of Section 10(3)(b) of the Passports Act, 1967, after following due procedure. It is further provided that where the first Police Verification is ‘Adverse’, secondary police verification may be generated. Apart from generating secondary Police Verification Report (PVR), the passport officers may, if considers necessary, call for discreet enquiry through the police authorities by sending the court order submitted by the applicant or even seek verification from other government agencies/departments, as the case may be. If the secondary Police Verification is also ‘Adverse’, it will be examined whether the details brought out in the police verification report match the undertaking submitted by the applicant. If the details given in the police verification report and the undertaking submitted by the applicant are matching, then ‘No Objection Certificate’ issued by a Court of law and submitted by the applicant will take precedence over any ‘Adverse’ report submitted by the police. In such cases, the ‘Adverse’ report may be overruled with the written approval of the Passport Officer. If the details given in the police verification report and the undertaking submitted by the applicant are at variance, then a notice may be issued to the applicant calling for clarification and advising the applicant to submit details of all pending criminal cases as well as to submit a revised ‘No Objection Certificate’ (NOC). If it is brought to the notice of the passport authority that an applicant has been arrayed in criminal proceedings before several courts of law, then he may be advised to get NOC from all the concerned court(s).

11. It thus appears that in spite of restriction imposed under the provisions of Section 6(2)(f) of the Act, 1967, the Government of India vide GSR 570(E) dated 25.08.1993 and office memorandum dated 10.10.2019 has laid a procedure fo