Pending criminal case mandates short validity passport under Passports Act despite exemption from appearance.

JUDGMENT

The petitioner is the holder of an Indian Passport No.ZA345245. The petitioner is the 2^nd accused in C.C.No.69/2022 on the files of the Judicial First Class Magistrate Court-I, Pathanamthitta. The said court, by Ext.P2 order, has dispensed with the personal appearance of the petitioner until further orders, directing that he shall appear before the court as and when required and the evidence can be taken in his absence. The petitioner has now been issued with Ext.P4 show cause notice by the 2^nd respondent stating that he has suppressed the pendency of the criminal case while obtaining passport and why action shall not be taken to impound his passport. The petitioner has filed this writ petition seeking to quash Ext.P4 show cause notice and for a direction to the 2^nd respondent to treat the petitioner’s passport as valid and effective, notwithstanding the pendency of C.C.No.69/2022, in view of Ext.P2 order.

2. A statement has been filed by the Deputy Solicitor General of India on behalf of the 2^nd respondent.

Paragraph Nos.4 to 6 thereof read as follows :

“4. Petitioner had obtained the passport by suppression of details of the crime. Such a passport is liable to be impounded/revoked under Section 10 (3)b for obtaining the passport or travel document by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other persons on his behalf and under Sec 10(3)e of Passports Act, 1967 if the proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.

5. When criminal cases are pending against applicants, and the court has permitted him to travel abroad, as per GSR 570(E), a short validity passport shall be issued if the concerned court or the High Court grants him permission to go abroad. In such cases, a passport with validity as specified by the court shall be issued. If no period is mentioned in the order, then a passport with validity of one year shall be issued.

6. It is submitted that the petitioner may apply for a short validity passport as per GSR 570(E), after obtaining relevant orders from the Hon’ble court. The validity of the passport shall be decided as per the orders of the Hon’ble court. Thereafter, the petitioner may apply for a Police Clearance Certificate using the details of the newly issued passport.”

3. The learned Deputy Solicitor General of India, on instructions, submits that, in view of Ext.P2 order, the petitioner can only be issued a short validity passport and that, if the petitioner surrenders the existing passport, a short validity passport will be issued to the petitioner without delay.

4. The learned counsel for the petitioner submits the petitioner will surrender the passport within two weeks from today.

5. In case the petitioner surrenders the existing passport, the 2^nd respondent shall issue a short validity passport, as expeditiously as possible, at any rate, within a period of two weeks therefrom.