Gujarat High Court
Pravinbhai Bhanubhai Patel vs Regional Passport Office, Ahmedabad on 10 December, 2021
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
C/SCA/15461/2021 ORDER DATED: 10/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15461 of 2021
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PRAVINBHAI BHANUBHAI PATEL
Versus
REGIONAL PASSPORT OFFICE, AHMEDABAD
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Appearance:
MR JASH S THAKKAR(11271) for the Petitioner(s) No. 1
KSHITIJ M AMIN(7572) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 10/12/2021
ORAL ORDER
With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.
2. Issue rule, returnable forthwith. Mr. Kshitij M. Amin, learned Central Government Standing Counsel waives service of notice of rule on behalf of the respondent.
3. Mr. Jash Thakkar, learned advocate appearing for the petitioner, submitted that the petitioner, is aggrieved by the non- renewal of his passport bearing No.K1965600. It has been submitted that the application was made by the petitioner on 14.7.2021 for re- issuance of the passport along with all the documents. After processing the application, the Ministry of External Affairs, Regional Passport Office, Ahmedabad, has issued a communication dated 13.8.2021 addressed to the petitioner, informing that there are shortcomings, namely, (i) order of the Hon'ble Court for issuance of the passport; and (ii) GSR undertaking with proper and correct column-wise information.
3.1 It is submitted the requisite undertaking has already been submitted along with the application, however, what remains is the Page 1 of 4 Downloaded on : Wed Jan 12 09:03:08 IST 2022 C/SCA/15461/2021 ORDER DATED: 10/12/2021 order of the Court. It is submitted that the passport of the petitioner, is expiring on 13.12.2021. It is therefore, urged that the authority be issued appropriate direction to consider the application of the petitioner for renewal of the passport.
3.2 It is also submitted that a complaint was registered for the alleged incident of 2002 in the year 2006, and the concerned Investigating Officer, after the investigation, has submitted a report under Section 173 of the Indian Penal Code (hereinafter referred to as 'IPC') by submitting an 'A-Summary' report. The said report has been accepted by the Trial Court and therefore, there are no such proceedings pending before any Court of law. It is submitted that subsequently, the Criminal Case No.9531 of 2006 was registered on 6.10.2006, which is pending.
3.3 Mr. Thakkar, learned advocate has placed reliance on the order of this Court dated 4.2.2019 passed in Special Civil Application No.1834 of 2019. It is urged that the said case is arising out of the very same FIR, however, this Court, has directed the respondent authority to consider the request of the petitioner in accordance with law. It is therefore, urged that the necessary direction be issued to the respondent authority for issuance of the passport.
4. Mr. Kshitij M. Amin, learned Central Government Standing Counsel appearing for the respondent, submitted that the application of the petitioner, is pending which, could not be processed for the reasons, there are certain wantings in the application. So far as the GSR undertaking is concerned, there is no dispute; however, the case of the petitioner shall be governed by the notification/circular dated 25.8.1993.
4.1 It is fairly stated that the application of the petitioner, shall be decided as per the notification/circular dated 25.8.1993 and in Page 2 of 4 Downloaded on : Wed Jan 12 09:03:08 IST 2022 C/SCA/15461/2021 ORDER DATED: 10/12/2021 accordance with law.
5. As is discernible from the record, an FIR has been registered with Sola Police Station for the offences punishable under Sections 452, 380, 427, 114 of the IPC and Section 135 of the Bombay Police Act, 1951.
6. In view of the pendency of the case, the authority has required the petitioner to furnish the Court's order. In this behalf, it is pertinent to take note of the notification/circular dated 25.8.1993 issued by the Ministry of External Affairs, providing that in the interest of public at large, the citizens, be exempted, against whom the proceedings in respect of an offence alleged to have been committed by them are pending before the Criminal Court. The relevant extracts of the notification dated 25.8.1993, read as under:
"In exercise of the process conferred by clause (a) of Section 22 of the Passport Act, 1967 (15 of 1967) and in supersession of the Notification of the Government of India in the Ministry of External Affairs No. G.S.R 298 (E) dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts 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 Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-
(a) the passport to be issued to every such citizen shall be issued -
(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a Page 3 of 4 Downloaded on : Wed Jan 12 09:03:08 IST 2022 C/SCA/15461/2021 ORDER DATED: 10/12/2021 period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a)(ii) and (a) (iii) above can be further renewal for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that in the meantime the order of the court is not cancelled or modified;
(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period of travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport issuisng authority that he shall, if required by the court concerned, appear before it at any time during the continuance to force of the passport so issued."
7. In view of the above, the respondent, is directed to decide the application dated 14.7.2021 of the petitioner for issuance of the passport with a validity period of five years in terms of the notification/circular dated 25.8.1993.
8. Needless to say that the exercise shall be completed within a period of four weeks' from the date of the receipt of the copy of this order.
9. With the above direction, the petition is disposed of. Rule is made absolute to the aforesaid extent. No order as to costs.
10. Direct service is permitted.
(SANGEETA K. VISHEN,J) BINOY B PILLAI Page 4 of 4 Downloaded on : Wed Jan 12 09:03:08 IST 2022