Delhi High Court - Orders
Gulasal Sharma vs Foreigners Regional Registration ... on 15 January, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:16.01.2021
12:58:56
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 363/2021 & CM APPLs. 964/2021, 965/2021
GULASAL SHARMA ..... Petitioner
Through: Mr. Manish Sharma, Advocate.
versus
FOREIGNERS REGIONAL REGISTRATION OFFICER
& ORS. ..... Respondents
Through: Mr. Ankit Raj, Mr. Piyush Beniwal &
Mr. Himanshu Pathak, Advocates for
R1 to 3.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.01.2021
1. This hearing has been done by video conferencing.
2. The Petitioner has filed the present petition seeking extension of the certificate of identity issued to her and her minor child bearing document nos. Y0152433 and Y0152434 as also extension of her passport number M1898249.
3. The background is that the Petitioner had filed an earlier writ petition, being W.P. (C) 1106/2020 titled Gulasal Sharma v. Foreigners Regional Registration Office & Ors., in which Identity Certificates were directed to be issued to the Petitioner and her son. The writ petition was disposed of vide order dated 13th February, 2020 in the following terms:
"The learned counsel for the respondents, on instructions, submits that the respondents are ready and willing to issue the Identity Certificate to the petitioner and her child which would enable her and Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 363/2021 Page 1 of 3 Signing Date:16.01.2021 00:53 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.01.2021 12:58:56 the child to travel to and return from Qatar, subject to the condition that the petitioner shall not use the said certificate for obtaining a passport from the Indian Embassy at Qatar or from any other country. The said certificate be issued within a period of two weeks.
In view of the above statement, the petition stands satisfied and is disposed of.
Dasti"
4. In terms of the said order, Identity Certificates were issued to the Petitioner and her son. However, it is submitted by Mr. Sharma, ld. counsel that unfortunately, the Petitioner and her son could not travel as she was diagnosed with breast cancer. Presently, the difficulty for the Petitioner and her son is that the validity of the Identity Certificates lapses on 24th February, 2021. Accordingly, extension of the said documents is sought for.
5. Mr. Ankit Raj, ld. counsel for the Respondents submits that a perusal of order dated 22nd September, 2020 would show that the Petitioner is from Uzbekistan and was guilty of obtaining the Indian passport on the basis of fake documents and it was under those circumstances that her passport was cancelled in terms of the provisions of the Passports Act, 1967. He submits that the Identity Certificates were only issued to enable the Petitioner and her son to travel and should not be construed to be like a passport. Further, in view of the reasoning given in the said order, the Identity Certificates cannot be extended by the Respondents.
6. A perusal of the impugned order dated 22nd September, 2020 shows that the order is appealable under Section 11 of the Passports Act, 1967. Ld. counsel for the Petitioner submits that his client has filed an appeal in October, 2020, however, the same is yet to be heard. Under the facts and circumstances Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 363/2021 Page 2 of 3 Signing Date:16.01.2021 00:53 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:16.01.2021 12:58:56 of this case, it is directed that the appeal filed by the Petitioner under Section 11 of the Passports Act, 1967, challenging the impugned order dated 22nd September, 2020 be disposed of expeditiously and in any case, within a period of three months from today. In the meantime, if the Petitioner, along with her child, wish to travel to and from Qatar on the basis of the existing Identity Certificates bearing nos. Y0152433 and Y0152434 they are permitted to do so within the validity period of the said documents.
7. The Airport Authority of India would accordingly permit the Petitioner and her son to travel to and from Qatar during the validity of the Identity Certificates i.e. till 24th February, 2021.
8. Accordingly, the present petition is disposed of in these terms. No further orders are called for. All pending applications are also disposed of.
PRATHIBA M. SINGH, J JANUARY 15, 2021 Rahul/T Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 363/2021 Page 3 of 3 Signing Date:16.01.2021 00:53