Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. BHAVANI SUBBAROYAN, J.
Sonamuthu - Petitioner
Versus
The Regional Passport Officer, Regional Passport Office & Ors. - Respondents
W.P.(MD) No. 23500 of 2022
Decided On : 02-11-2022
Passport Issue - Writ Petition - Passports Act, 1967, Section 5(2), Section 6(2) - The court discussed the legal provisions of the Passports Act, 1967, specifically Section 5(2) and Section 6(2), and their interpretations in the context of issuing or renewing passports when a criminal case is pending. The court's decision was influenced by the interpretation of these provisions and the balancing of the petitioner's right to a passport with the need to address the pending criminal case.
Fact of the Case:
The petitioner sought a Writ of Mandamus to direct the issuance of a passport based on an application pending with the first respondent. The petitioner's previous passport had expired, and the renewal was denied due to a pending criminal case.
Finding of the Court:
The court considered the legal provisions of the Passports Act, 1967 and previous case law to determine the petitioner's right to a passport while facing a pending criminal case. The court balanced the petitioner's request for a passport with the need to address the criminal proceedings.
Issues: The main issue was whether the petitioner should be granted a passport while facing a pending criminal case, and the interpretation of the relevant provisions of the Passports Act, 1967.
Ratio Decidendi: The court held that a passport can be issued or renewed only on the basis of production of orders from the concerned Court permitting the applicant to depart from India, as per the provisions of the Passports Act, 1967.
Final Decision: The court allowed the Writ Petition with directions for the petitioner to seek permission from the concerned Court where the case is pending and to participate in the criminal proceedings upon re-issuance/renewal of the passport.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to issue passport to the Petitioner on the basis of the application dated 2.8.2022 pending in File No.TR2074457632922 before the first respondent by accepting the Petitioner’s explanation, within the time frame fixed by this Court.
This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to issue passport to the Petitioner on the basis of the application dated 2.8.2022 pending in File No.TR2074457632922 before the first respondent by accepting the Petitioner’s explanation, within the time frame fixed by this Court.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The case of the Petitioner is that the first respondent had issue a passport to the Petitioner in Passport No.H8661634 and the said passport expired on 19.8.2020 and hence the Petitioner applied for renewal of passport before the first respondent in application number as stated above. On police verification, it was found that the petitioner is connected with a case in Crime No.305 of 2021 under Section 294(b), 323 and 506(ii) of IPC and the same is pending. The said criminal case is yet to be charge sheeted. In the meanwhile, the first respondent sought for explanation from the Petitioner and also to furnish the proof of clearance of the case. Accordingly, on 16.09.2022 the Petitioner sent his explanation stating that only FIR is pending against him. However being not satisfied with the same, the first respondent refused to issue passport to the Petitioner. Hence the Petitioner has come forward with the present Writ Petition for the relief stated supra.
4. The learned Assistant Solicitor General of India, filed a counter affidavit stating that only FIR is pending against the Petitioner and prayed for dismissal of the Writ Petition.
5. The second respondent Police filed a counter affidavit stating that investigation has been completed in the above said crime number and charge sheet is filed before the learned Judicial Magistr5ate, Aranthangai and the same was taken on file in C.C.No.164 of 2022 and prayed for dismissal of the Writ Petition.
6. This Court had an occasion to deal with a similar issue in W.P.(MD) No.7056 of 2017 in the case of N. Chandrababu vs. the Sub Inspector of Police and another. The relevant portions in the order dated 21.04.2017 are extracted hereunder :
‘Section 5(2) of the Passports Act, 1967
On receipt of an application under this section, the passport authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing,-
(a) issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of the foreign countries specified in the application; or
(b) issue the passport or travel document with endorsement, or, as the case may be, make on the passport or travel document the endorsement, in respect of one or more of the foreign countries specified in the application and refuse to make an endorsement in respect of the other country or countries ; or
(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement.
Section 6(2) of the Passports Act, 1967.
Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following gr
The main legal point established in the judgment is that the issuance or renewal of a passport when a criminal case is pending is subject to the production of orders from the concerned Court permitti....
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
Passport issuance or renewal is subject to the production of orders from the concerned Court permitting the applicant to depart from India, and participation in the criminal proceedings is essential.
When a person faces a pending criminal case, the renewal of passport is governed by the provisions of the Passports Act and the notification dated 25.08.1993.
An applicant with a pending criminal case must secure prior permission from the jurisdictional trial court to obtain a passport, in compliance with the requirements of the Passports Act, 1967.
The main legal point established in the judgment is that the issuance or renewal of a passport in the context of pending criminal proceedings is subject to the requirement of orders from the concerne....
Mere pendency of a criminal case does not bar the issuance or renewal of a passport, provided the applicant obtains specific judicial permission before travelling abroad.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
