Gujarat High Court
Vinodchandra Ambalal Choksi vs Union Of India on 25 January, 2023
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/1244/2023 ORDER DATED: 25/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1244 of 2023
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VINODCHANDRA AMBALAL CHOKSI
Versus
UNION OF INDIA
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Appearance:
DHANESH R PATEL(8226) for the Petitioner(s) No. 1
MR.KSHITIJ AMIN, ADVOCATE for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 25/01/2023
ORAL ORDER
1. Heard Mr.Dhanesh Patel learned advocate for the petitioner and Mr.Kshitij Amin learned Standing Counsel appearing for respondent nos.1 and 2.
2. RULE returnable forthwith. Mr.Amin learned advocate waives service of notice of Rule on behalf of respondent nos.1 and 2.
3. With the consent of learned advocates for the respective parties, the petition is taken up for Page 1 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 final hearing.
4. By way of this petition under Article 226 of the Constitution of India, the prayers are made to issue a Passport for specific validity period of 10 years in light of the notification issued by the Central Government.
5. Facts in brief would indicate that the petitioner is arraigned as an accused in C.R.No.11191044200844 of 2020 registered with Ghatlodia Police Station, Ahmedabad, for offence punishable under Sections 495, 406, 420, 468, 341, 467, 469, 471 and 120(B) of IPC. A charge- sheet was issued in the said criminal case in the year 2022. The petitioner applied for an immigrant visa. The petitioner since was not granted a police clearance certificate, he approached this Court by filing Special Criminal Page 2 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 Application No.12397 of 2022, wherein, this Court directed that the police clearance certificate be issued. Now that pursuant to certain communications, especially, the one by which the petitioner was asked to surrender a passport to the Regional Passport Office at Ahmedabad, the petitioner has surrendered the passport and thereafter, the petitioner has been informed that he may apply for a fresh passport.
6. The order passed by this Court in Special Civil Application No.23002 of 2022 reads as under:
"1. Rule returnable forthwith. Mr. Kshitij Amin, learned Standing Counsel waives service of notice of rule on behalf of respondents.
2. The prayer in the petition is that direction be issued to the respondents to renew the passport of the petitioner bearing no. A8808695 for a period of ten years.
3. It is the case of the petitioner that he is the co- accused in the M.Case No. 03 of 2022 registered with Gandevi Police Station, Gandevi for the offences punishable under Sections 406,420 and 120-B of the Indian Penal Code, Page 3 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 1860. FIR being I-C.R. No. 274 of 2002 was registered with Varachha Police Station, Surat for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860, wherein the petitioner is a co-accused. One more FIR being I-CR No. 274 of 2002 was registered with Umra Police Station, Surat, for the offences under Sections. 465, 467, 468, 471, 420, 114 and 120- B of the Indian Penal Code. One more FIR being I-CR No. 64 of 2002 was registered with Udhna Police Station, Surat, for the offences punishable under Sections. 406, 409, 420, 421, 422 and 34 of the Indian Penal Code, 1860, and that FIR being I-CR No. 119 of 2002 was registered with Valsad City Police Station for the offences punishable under sections 406, 409, 420, 421, 422, 423, 467, 120-B and 34 of the IPC, 1860. It is his case that in view of the pending criminal proceedings, the petitioner is facing hardship as he is required to travel abroad for business as well as leisure purposes and the authorities are not renewing the passport for a longer period.
4. Mr. Kshitij Amin, learned Standing Counsel appearing for the respondent authorities has drawn the attention of the court to the notification dated 25.08.1993 issued by the Ministry of External Affairs in this regard. The same reads 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 Page 4 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 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 subsection (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 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 Page 5 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 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."
5. In view of the above, considering the averments made in the petition and the arguments of learned advocates for both the parties, the Regional Passport Officer is directed to process the application when filed by the writ-applicant herein for a Passport and issue the Passport with a validity period of 5 years, in terms of the notification referred to above. This exercise shall be completed within a period of four weeks from the date of receipt of the writ of this order.
6. Petition is accordingly allowed. Rule is made absolute accordingly."
7. In view of the above, considering the averments made in the petition and the arguments of learned advocates for both the parties, the Page 6 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023 C/SCA/1244/2023 ORDER DATED: 25/01/2023 Regional Passport Officer is directed to process the application when filed by the petitioner herein for a Passport and issue the Passport with a validity period of 5 years, in terms of the notification referred to above. This exercise shall be completed within a period of four weeks from the date of receipt of the writ of this order.
8. Petition is accordingly allowed. Rule is made absolute accordingly. Direct service is permitted.
(BIREN VAISHNAV, J) ANKIT SHAH Page 7 of 7 Downloaded on : Mon Jan 30 20:37:37 IST 2023