Kerala High Court
Raji T.A vs The Regional Passport Authority on 15 January, 2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937
WP(C).No. 5989 of 2014 (W)
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PETITIONER(S):
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RAJI T.A., AGED 38 YEARS,
S/O.ANTONY, THEKKANATH HOUSE, CHENGAMANAD P.O.,
ERNAKUALM DISTRICT.
BY ADVS.SRI.E.C.POULOSE
SMT.BOBBY RAPHEAL.C
RESPONDENT(S):
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1. THE REGIONAL PASSPORT AUTHORITY,
REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,
COCHIN-682 036.
2. SHAJI,
S/O.ESTHAPPANU, THEKKANATH HOUSE, CHENGAMANAD,
ERNAKULAM DIST, PIN-683 578.
3. SONIA SHAJI,
W/O.SHAJI, THEKKANATH HOUSE, CHENGAMANAD,
ERNAKULAM DIST, PIN-683 578.
R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R2 BY ADVS. SRI.GEO PAUL
SRI.SANU MATHEW
SRI.C.R.PRAMOD
SRI.S.ASHOK KUMAR.
SRI.R.VINU RAJ
SMT.P.M.HRIDYA
SRI.S.ABHILASH VISHNU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 5989 of 2014 (W)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1:-TRUE COPY OF THE CHARGE SHEET IN CC NO 981/2010 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT - I, ALUVA
P2:-TRUE COPY OF THE ORDER DTD 26/4/2012 IN CRL.MP NO 639/2012 IN CC
NO 981/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ALUVA
P3:-TRUE COPY OF THE JUDGMENT DTD 4/10/2012 IN WPC NO 23061/2012 OF THIS
HON'BLE COURT
P4:-TRUE COPY OF THE ORDER DTD 15/7/2013 IN CRL.MP NO 1899/2012 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT - I, ALUVA
P5:-TRUE COPY OF THE REPLY DTD 19/12/2013 OF THE CENTRAL PUBLIC
INFORMATION OF THE RESPONDENT
P6:-TRUE COPY OF THE JUDGMENT DTD 4/2/2014 IN WPC NO 3400/2014 OF THIS
HON'BLE COURT
P7:- TRUE COPY OF THE APPEAL DATED 15.1.2014 FILED BY THE PETITIONER
BEFORE THE JOINT SECRETARY (PSP) AND CHIEF PASSPORT OFFICER,
MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - (FIRST APPELLATE
AUTHORITY).
P8:-TRUE COPY OF THE LETTER DTD.25.2.2014 OF THE FIRST APPELLATE
AUTHORITY.
P9:- POSTAL RECEIPT DTD.3.4.2014.
P10:- TRUE COPY OF THE ORDER DTD.30.4.2014 OF THE FIRST APPELLATE
AUTHORITY.
RESPONDENT(S)' EXHIBITS:
-----------------------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE
Msv/
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No. 5989 of 2014
Dated==================2016
this the 13th day of January,
J U D G M E N T
The petitioner, who is the defacto compliant in C.C No. 981/2010 on the file of the Judicial First Class Magistrate Court I, Aluva, has approached this Court seeking a direction to passport authority to impound the passport of the accused therein, the 3rd respondent in this writ petition.
2. It appears that the 3rd respondent has obtained a passport. The 3rd respondent has been released on bail. The petitioner refers to Section 10(3)(e) of the Passport Act and submits that the passport authority can impound the passport of the accused. Section 10(3)(e) of the Passport Act reads as follows:
impounded orThe
"3. passport authority may impound or cause to be revoke a passport or travel document,- xxx
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;"
3. The passport authority is having the power to impound the passport. However, this power could be exercised W.P.(C).No. 5989 of 2014 - : 2 :-
if the holder of the passport is required to be present before any criminal Court in India. Mere pendency of a criminal case is not a ground to impound the passport. Passport authority must be satisfied with the circumstances under in which a passport is required to be impounded. This is a pre-requisite to invoke the power of impounding. Certainly if criminal Court issues a warrant or orders for impounding, Passport authority will have to act upon with such request. Section 10(3)(e) of the Passport Act can only be understood as an enabling power for the passport authority to impound the passport when circumstances warrants. If any such circumstances are warranted, certainly the passport authority have to act upon. However, in this case, the 3rd respondent is released on bail. Therefore unless any circumstances made out for impounding the passport, this Court cannot direct the Passport authority to impound the passport. Thus with a liberty to approach the criminal court where cases are pending or to approach the Passport Authority when any circumstances required to secure the presence of the such accused. The writ petition is disposed of, as above. sd/-
sab A.MUHAMED MUSTAQUE, JUDGE
W.P.(C).No. 5989 of 2014 - : 3 :-