The decision underscores that pending criminal cases alone do not justify withholding passport renewal unless they involve ongoing legal impediments.

Headnote:
Passport - Writ Petition - Act Section List - The court emphasized on the authority of passport officers to consider pending criminal cases against applicants and determined that previous proceedings had no standing to deny passport renewal.
Fact of the Case:

The petitioner, an NRI, sought a writ of mandamus to renew his passport which was pending due to two criminal cases. One was related to 138 of the Negotiable Instruments Act, while another was closed by police re-report.
Finding of the Court:

The court found that there was no pending warrant or substantial basis for the passport authorities to deny renewal. The passport authority was directed to consider submitted documentation affirming the petitioner’s case.
Issues: Whether the pending criminal cases were sufficient grounds for the passport authorities to refuse renewal of the petitioner’s passport.
Ratio Decidendi: The court determined that the absence of a pending warrant and the closure of the second case established that the passport authorities were obliged to renew the passport.
Final Decision: The court ordered the passport authority to renew the petitioner’s passport for one year.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 19^TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944 WP(C) NO. 14088 OF 2022 PETITIONER:

MUHAMMED KUNJU ASHRAF AGED 65 YEARS S/O. MUHAMMED KUNJU, RESIDING @ ADHILS HOUSE, KANNANALLOOR P.O, KOLLAM 691 586 BY ADV R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

1 UNION OF INDIA TO BE REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI 110 011

2 STATE OF KERALA TO BE REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AND VIGILANCE SECRETARIAT, THIRUVANANTHAPURAM 695 001

3 REGIONAL PASSPORT OFFICER SNSM BUILDING, KARALKADA JN P.O KAITHAMUKKU, THIRUVANANTHAPURAM, KERALA 695 024

4 CIRCLE INSPECTOR OF POLICE KANNANALLOOR POLICE STATION, KANNANALLOOR, KOLLAM 691 586 BY ADV MANU S., DSG OF INDIA SMT.RESHMITHA – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed with the following prayers: “i. Issue a writ of mandamus or any appropriate writ, order or direction to the 3^rd respondent to consider the representation filed by the petitioners before the 3^rd respondent produced as Exhibit:P6 within a time fixed by this Hon’ble Court.

ii. Issue a Writ of Mandamus or any appropriate writ, order or direction to the 3^rd respondent to renew the passport on Exhibit P1 Application of the petitioner within a time frame fixed by this Hon’ble Court.

iii. Any other relief this Hon’ble Court may deem fit.

iv. Grant Cost of the Writ petition.”

2. According to the petitioner, he is an NRI and is also an associate of a business concern in Dubai and was having a valid Visa. Petitioner’s passport was due for renewal and the petitioner approached the 3^rd respondent for renewal. The 3^rd respondent sought clarification of two cases pending against the petitioner through Ext.P2 letter. It is the case of the petitioner that one case is pending before the Magistrate Court Morbi in the State of Gujarat is only a proceedings initiated under Section 138 of the Negotiable Instruments Act against the company in which the petitioner is one of the director which is under liquidation. The petitioner already approached the High Court of Gujarat for quashing the same and the same is pending before the Gujarat High Court. It is also submitted that the warrant issued against the petitioner is already recalled. As far as the second case is concerned, the police already filed a refer report closing the case. Even though, the same is reported to the authorities there is no further action is the grievance. Hence this writ petition .

3. Heard learned counsel for the petitioner and the DSGI.

4. According to the petitioner, there is no warrant pending in the Section 138 of Negotiable Instruments Act proceedings pending before the Additional Chief Judicial Magistrate, Morbi, Gujarat. As far as crime No.57/2021 of Kannanalloor Police Station is concerned, the same is already referred by the police. The petitioner already submitted Ext.P6 narrating these facts. If that is the case, the passport authorities can consider the same and take necessary steps to renew the passport. If the reason for not renewing the passport is only because of these two cases, passport authorities can renew the passport in accordance to law.

Therefore this writ petition is disposed of with the following directions:

1. The 3^rd respondent will consider Ex.P6 explanation submitted by the petitioner and renew the passport for a period of one year in the light of the facts narrated in Ext.P6.

2. The petitioner will produce a certified copy of this judgment and the other documents to show that the warrant pending is already recalled before the 3^rd respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak APPENDIX OF WP(C) 14088/2022 PETITIONER EXHIBITS Exhibit R1 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE

3RD RESPONDENT DATED 31-12-2021 FOR RENEWAL OF THE PASSPORT BEARING ARN NUMBERED AS 21-10090

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