Allahabad High Court
Rashmi Kapoor vs U.O.I Thru.Ministry Of E Xternal ... on 16 May, 2022
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- WRIT - C No. - 2324 of 2022 Petitioner :- Rashmi Kapoor Respondent :- U.O.I Thru.Ministry Of E Xternal Affairs And 2 Others Counsel for Petitioner :- Vaibhav Kalia,Rajat Rajan Singh,Vidhu Bhushan Kalia Counsel for Respondent :- A.S.G.I. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Brij Raj Singh,J.
Heard Sri Vidhu Bhushan Kalia, learned counsel for the petitioner and Sri Varun Pandey, learned counsel representing the Regional Passport Office, Lucknow.
This writ petition has been filed by the petitioner challenging the validity of the order dated 13.1.2021 passed by Regional Passport Officer, whereby the file relating to the application made by the petitioner seeking renewal of her passport has been closed.
The submission of learned counsel for the petitioner is that the order dated 13.1.2021 was passed on the application made by the petitioner. It has also been stated by learned counsel for the petitioner that no reason has been assigned in the impugned order dated 13.1.2021 as to why the petitioner's passport cannot be renewed.
On the other hand, learned counsel representing respondent no. 2, Sri Varun Pandey has submitted, on the basis of instructions, that on police verification, an adverse report relating to pendency of a criminal case under Section 305 IPC and 9(f) and (10) of Protection of Children from Sexual Offences (POCSO) Act has been received in respect of which a show cause notice dated 7.6.2020 was issued to the petitioner. However, since no response was received from the petitioner to the said show cause notice, the file has been ordered to be closed.
Learned counsel for the petitioner in reply submits that the alleged show cause notice dated 7.6.2020 has never been received by the petitioner, and therefore, she could not furnish any reply to the said show cause notice.
The show cause notice dated 7.1.2020 is said to have been furnished to the petitioner through speed post. We may notice that the show cause notice was issued at a period when the entire country was gripped in the havoc caused by Covid-19. The petitioner has admittedly not been able to furnish reply to the said show cause notice dated 7.6.2020. Accordingly, we direct that the petitioner shall submit reply to the said show cause notice dated 7.6.2020 within 10 days from today and in case petitioner submits reply to the said show cause notice, the Regional Passport Officer shall take a decision into the prayer of the petitioner for renewal of her passport, expeditiously, say within a period of fifteen days from the date reply to the show cause notice along with the certified copy of this order is furnished to him.
At this juncture, learned counsel for the petitioner has stated that mere pendency of a criminal case cannot be treated to be a ground for denial of renewal of passport. It is further stated that trial of the criminal case has been stayed by this Court by means of an order passed in a petition filed by the petitioner under Section 482 of the Code of Criminal Procedure and further that it is not a case where the petitioner had made application for issuance of the passport for the first time; rather it is a case where the petitioner is only seeking renewal of the passport for the reason that its term has expired. In this view, the submission is that even no permission from the court where the trial is pending or from the court where petition under Section 482 of the Code of Criminal Procedure is pending, is required to be obtained for renewal of the passport.
We may make it clear that we have not adjudicated the merits of the claims of the respective parties, which will be considered by the Regional Passport Officer, in accordance with law. Accordingly, we provide that the petitioner while submitting reply to the show cause notice dated 7.1.2022 shall take all pleas which may be available to her under law and the Regional Passport Officer, while considering the reply, shall pass appropriate orders in accordance with law.
The order which may be passed by the Regional Passport Officer will have to be reasoned and speaking order. The decision so taken shall also be communicated to the petitioner.
We may also record that a copy of the show cause notice dated 7.1.2022 has been handed over by Sri Varun Pandey, learned counsel representing the Regional Passport Office to learned counsel for the petitioner during hearing of this case before us, as such the said notice need not be served upon the petitioner again.
We further provide that the impugned order dated 13.1.2021 shall be subject to the decision which may be taken by the Regional Passport Officer that is to say this impugned order shall abide by the decision which will now be taken by the Regional Passport Officer.
With the aforesaid observations and direction, the petition stands disposed of.
Order Date :- 16.5.2022 Arif/A.K.T.