IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-30519-2024 (O&M)

Date of decision : 10.01.2025 AMAR NATH …Petitioner Versus UNION OF INDIA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Sukhmeet Singh, Advocate for the petitioner.

Mr. Hemant Hans, Central Government Counsel for respondents No.1 to 3.

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HARSH BUNGER, J. [ORAL]

Prayer in the present petition filed under Articles 226/227 of the Constitution of India, inter alia, is for issuance of a writ in the nature of mandamus directing the respondents to issue passport to the petitioner.

2. Briefly, the petitioner applied for a fresh passport vide application dated 17.12.2022 (Annexure P-1), whereupon the following police verification report dated 01.03.2023 (Annexure P-2) was submitted :-

“…As per report No.4999-5P of SHO P.S. City Faridkot, his name, address, caste and parents name are correct. He is residing in given address since birth. As per inquiry PPR Register No.VI-Part-II Form 27.16(6), Register No.IX Part-II Form No.22.59(1)B, Part-III Form 22.59(1) D and Part-V Form 22.59(1) E, against him (1) FIR No.34 dated 7.2.2019 U/s 341/323/427/379B IPC P.S. City Faridkot (Court of Sh. Sanjiv Kundi Judge Faridkot, cancellation report has been accepted on 10.4.2021). 2. FIR No.150 dated 09.07.2017 U/s 21/61/85 NDPS Act P.S. City Faridkot (under trial). 3. FIR No.149 dated 5.7.2018 U/s 22/61/85 of NDPS Act P.S. City Faridkot (under trial) and FIR No.11 dated 28.01.2021 U/s 21B/61/85 NDPS Act P.S. Nathana, Distt. Bathinda (under trial) are registered. Applicant has applied for new passport. Applicant has obtained permission from the Court of Ms. Monika Lamba, CJM Faridkot in case FIR No.150 dated 9.7.2017 u/s 21/61/85 NDPS Act P.S. City Faridkot in CNR No.PBFD030014072018, but never obtained any order from any Court in other cases. The last authority to issue or not issuing passport is with Passport Authority Amritsar.”

3. It is stated that out of four FIRs registered against the petitioner, cancellation report was submitted in case FIR No.34 dated 07.02.2019, which was accepted by the Court, whereas, the other three cases FIRs i.e. FIR No.150 dated 09.07.2017; FIR No.149 dated 05.07.2018, both registered at Police Station City Faridkot and case FIR No.11 dated 28.01.2021 registered at Police Station Nathana, District Bathinda, are pending trial.

3.1 It is further stated that in all the afore-said three pending case FIRs, the petitioner has been granted permission to get new passport issued. Copy of orders dated 21.09.2023 (in case FIR No.11), 02.12.2023 (in case FIR No.149) and 13.12.2022 (in case FIR No.150), are annexed as Annexures P-3, P-5 and P-6, respectively.

3.2 It is submitted that since the passport to the petitioner was not issued, he served a legal notice dated 24.02.2023 (Annexure P-7) upon the official respondents but to no avail.

3.3 In theafore-mentioned circumstances, the petitioner has filed the instant writ petition before this Court, for the relief/s, as noticed here-in-above.

4. In the present case, an affidavit of Regional Passport Officer, Amritsar has been filed, wherein, the status of the afore-said cases FIRs has not been disputed; however, while relying upon Section 6(2)(f) of the Passport Act, 1967, it is stated that the passport authorities can refuse to issue a passport or travel document for visiting any foreign country if proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India. A further reference has been made to a notification GSR-570(E) to state that an exemption is afforded to the citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a Criminal Court in India and who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Section 6(2)(f) of the Passport Act. It is contended that in terms of the afore-sa