Kerala High Court
Benny Mathew vs Regional Passport Office on 27 March, 2019
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2019 / 6TH CHAITHRA, 1941
WP(C).No. 8871 of 2019
PETITIONER:
BENNY MATHEW, S/O. MATHEW, KARUVELIL HOUSE,
ERAVIMANGALAM P.O., KOTTAYAM-686 613
BY ADV. SMT.RESMI NANDANAN
RESPONDENTS:
1 REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR P.O.,
COCHIN-682 038
2 UNION OF INDIA, REP.BY SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, NEW DELHI-110001
BY SMT.S.KRISHNA-CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 8871/19 2
JUDGMENT
The petitioner alleges that the action of the respondent Passport Authority in having impounded his Passport bearing No.J1458050, which is valid up to 02.09.2020, is illegal and unlawful. The petitioner says that he had made an application for re-issue of his passport along with a request to change his address therein on 12.12.2016 and that the corrected passport was issued to him on 20.12.2016.
2. The petitioner submits that, however, the Passport Authority, thereafter, intimated him that a criminal case was pending against him at that time when the passport was issued and that Exhibit P7 was issued to him to show cause why further action should not be taken against him under the Passports Act and that consequently, he surrendered his passport and remitted the penalty for not having disclosed the factum of the criminal case, but explaining that, at the time when the application was made, he was not aware of the said case, since the FIR was registered only on 15.12.2016.
WPC 8871/19 3
3. The petitioner, therefore, prays that Exhibit P7 letter issued to him by the Passport Authority be quashed and his passport be directed to be returned.
4. In response to the petitioner's allegations, the learned Central Government Counsel has filed a statement, the relevant portions of which are extracted below for ease of reference:
"It is submitted that the above Writ Petition is filed seeking for an issuance of direction from this Hon'ble Court the 1 st Respondent to return the newly corrected Passport to him.
It is submitted that it is applied for re-issue of Passport on 19.12.2016 vide file No.CO2079822821116 for changing the address in his passport. The application was processed on post police verification basis and Passport No.P 5398335 dated 20.12.2016 was issued to him.
It is submitted that the Police Verification report dated 10.01.2017 revealed that the petitioner is accused in Crime No.1715/16 u/s.447, 294(b), 323 IPC of Kaduthuruthy Police Station. The report also mentioned that he is residing in a different address at Udayamperoor.
It is submitted that consequent upon receipt of the above police report, a show cause notice SCN/304967167/17 dated 10.01.2017 was served to the applicant, seeking his explanation.
It is submitted that on 18.01.2017, the petitioner surrendered his passport and remitted penalty for suppressing the criminal case in his application for passport.
It is submitted that a secondary police verification was initiated in his Udayamperror address on 19.01.2017 for which also adverse report was received stating the above crime number.
It is humbly submitted that therefore, a show cause notice No. SCN/305080307/17 dated 09.02.2017 was issued asking him to produce acquittal order/no objection from court concerned.WPC 8871/19 4
It is submitted that on 17.04.2017, one more SCN/305323961/17 dated 10.04.2017 was served to the petitioner. Since there was no response from the petitioner, file closure was initiated and File Closure Intimation Notice FCI/305438089/17 dated 04.05.2017 also served to him.
It is submitted that the petitioner failed to respond to the file Closure Intimation Notice also. As a result, the file was closed on 30.05.2017.
It is submitted that the petitioner is free to apply again for passport services. However, since criminal case is pending, the petitioner should approach the court concerned to obtain permission to go abroad, vide GSR 570(E).
It is submitted that this was an application for re-issue. Permission from the court concerned is required in order to apply for passport, if criminal case is pending, whether it is fresh or re-issue.
It is submitted in this case, applicant is required to furnish permission from the Court concerned, vide Gazette Notification No.GSR.570(E)."
5. As is clear from the afore statement, the petitioner has been given the liberty to apply for a fresh passport, provided he obtains necessary clearance for travel abroad from the competent criminal court. I am told by the learned counsel for the petitioner that the criminal case against the petitioner is pending as C.C.No.5/2017 in the Court of the Judicial First Class Magistrate-I, Vaikom. She also says that the petitioner will approach the said court and obtain permission for travel abroad and prays that liberty may be granted to him to approach the Passport Authority thereafter with an application for a fresh passport.
WPC 8871/19 5
In the afore circumstances and taking note of the specific averments in the statement, I order this writ petition and leave liberty to the petitioner to approach the competent criminal court and obtain clearance for travel abroad and to thereafter approach the Passport Authority with an application for a new passport, in which event, the said Authority will consider the same in terms of law without any further delay.
Sd/-
Devan Ramachandran, Judge tkv WPC 8871/19 6 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PASSPORT
EXHIBIT P2 A TRUE COPY OF THE REPLY LETTER DATED
18/1/17
EXHIBIT P3 TRUE COPY OF THE PASSPORT APPLICATION FORM
DATED 19.12.2016
EXHIBIT P4 TRUE COPY OF THE FINAL REPORT IN CRIME
NO.1715/2016 OF KADUTHURUTHI POLICE STATION EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 18.1.17 EXHIBIT P6 A TRUE COPY OF THE PENALTY RECEIPT EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 9.2.17 EXHIBIT P8 A TRUE COPY OF THE REPLY LETTER DATED 22.2.17 /TRUE COPY/ P.S. TO JUDGE