Rajasthan High Court - Jodhpur
Mubarik Khan vs State Of Rajasthan (2023:Rj-Jd:42874) on 7 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:42874]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7542/2023
Mubarik Khan S/o Valimohammad, Aged About 55 Years, R/o
Ward No. 16, Garm Multanpura, Tehsil And Dist. Mandsaur,
Madhya Pradesh
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Regional Passport Officer, Isbt Main Bulding, Mezzanine
Floor, Hosangabad Road, Habibganj, Bhopal, Madhya
Pradesh
----Respondents
For Petitioner(s) : Mr.O.P.Choudhary for Mr.Rakesh
Matoria.
For Respondent-State : Mr.Vikram Sharma, P.P.
For Respondent No.2 : Ms.Dimple Rajpurohit for Mr.Mukesh
Rajpurohit, Dy.S.G.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
07/12/2023 The instant criminal misc. petition has been filed by the petitioner seeking a direction to the passport - authorities for issuance of passport/grant of passport facilities to the petitioner as the same has been refused to him vide letter of Government of India, Ministry of External Affairs, Regional Passport Office, Bhopal dated 13.11.2023 on the ground that as per the Section 6(2)(f) of the Passports Act, 1967, a criminal case is pending against the petitioner.
Learned counsel for the petitioner submitted that the charges against the petitioner for committing offences under various Sections of the Prevention of Cruelty to Animals Act, 1960 and (Downloaded on 08/12/2023 at 08:45:12 PM) [2023:RJ-JD:42874] (2 of 5) [CRLMP-7542/2023] Sections 120-B, 467, 468, 471, 474 and 475 of IPC were found proven by the learned trial court vide order dated 18.08.2018. Learned counsel further submitted that the learned trial court imposed a rigorous imprisonment of three years and a fine of Rs.1000/- on the petitioner.
Learned counsel further submitted that the petitioner filed a Criminal Appeal (S.B. Criminal Appeal No. 1004/2018) alongwith an application for suspension of sentences (S.B. Suspension of Sentences (Bail) Application No. 855/2018) before this Court. Learned counsel submitted that this Court vide order dated 04.09.2018 allowed the application for suspension of sentences and suspended substantive sentence till the final disposal of the criminal appeal pending against him before this Court.
Learned counsel submitted that the petitioner is desirous of going on a religious pilgrimage and therefore, filed an application for issuance of passport and visa in his favour. The passport authorities declined his request and thereagainst, the petitioner filed a writ petition (SB Civil Writ Petition No.13162/2023) before this Court which was decided vide order dated 04.09.2023, wherein the respondent authorities were directed to decide the representation of the petitioner by way of a speaking order.
It was urged that in compliance of the order dated 04.09.2023, the respondent authorities decided the representation of the petitioner vide letter dated 13.11.2023, wherein the petitioner's application for passport was refused for the reason that criminal case is pending against the petitioner. (Downloaded on 08/12/2023 at 08:45:12 PM) [2023:RJ-JD:42874] (3 of 5) [CRLMP-7542/2023] Learned counsel for the petitioner submitted that the precious right of the petitioner to travel for religious purposes is being curtailed on the ground of criminal appeal pending against him despite the fact that this Court has already allowed the petitioner's application for suspension of sentences. On these grounds, learned counsel implored the Court to direct the passport authorities to issue passport to the petitioner.
Learned Public Prosecutor and learned counsel for the respondent No.2 have vehemently opposed the criminal misc. petition but were not in a position to refute the fact that substantive sentences of the petitioner's conviction have been suspended by this Court.
Heard learned counsel for the parties and perused the material available on record.
The application of the petitioner for issuance of passport has been refused to be processed in view of Section 6(2)(f) of the Passports Act, 1967.
Section 6(2)(f) of the Passports Act, 1967 is reproduced herein below for ready reference:
"Refusal of passports, travel documents. Etc. (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;"(Downloaded on 08/12/2023 at 08:45:12 PM)
[2023:RJ-JD:42874] (4 of 5) [CRLMP-7542/2023] As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, the passport authority may refuse to issue a travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.
The order dated 13.11.2023 (Annex.6) isued by the Regional Passport Office, Bhopal refusing to issue passport to the petitioner, is reproduced hereinbelow for ready reference:
"Please refer to your passport application vide the above file number regarding the subject mentioned above.
In this regard, it may be informed that an application for passport is liable to be refused u/s 6(2)(f) of the Passports Act, 1967, if any proceedings in respect of an offence alleged to have been committed by the applicant is pending before a criminal court of India.
However, Ministry of External Affairs Notification vide G.S.R.570(E) dated 25.08.1993 empowers the Passport authority to exempt any person or class of persons from the operations of the above provision if he/she submits the order of the concerned court permitting him to depart from India during the pendency of criminal court case for a period of one year or a period if any stipulated in the order, by exercising powers conferred by clause (a) of section 22 of Passports Act, 1967, subject to the condition as mentioned in the notification [copy attached]."
The letter dated 13.11.2023 refusing issuance of passport makes it apparent that in view of the notification issued by the Ministry of External Affairs, the Government of India dated 25.08.2013 as per which citizens 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, if produce order(s) from the Court concerned permitting them to depart from India are exempted from the operation/application of (Downloaded on 08/12/2023 at 08:45:12 PM) [2023:RJ-JD:42874] (5 of 5) [CRLMP-7542/2023] the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967.
Having considered the contents of the record, the order of this Court dated 04.09.2018 suspending sentences of the petitioner, this Court is of the view that the petitioner shall not be deprived of his right to movement and his right to profess his religion merely because a criminal case is pending against him.
In view of this, the respondent authorities are directed to process the petitioner's application for passport within 60 days from the receipt of this order.
With the above observations/directions, the instant application is disposed of.
(KULDEEP MATHUR), J.
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