Andhra Pradesh High Court - Amravati
Karumburi Armugam vs The Government Of India on 21 February, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
NJS, J
WP_4333_2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
APHC010078142024 [ 3209 ]
WEDNESDAY ,THE TWENTY FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 4333 OF 2024
Between:
KARUMBURI ARMUGAM ...PETITIONER(S)
AND
THE GOVERNMENT OF INDIA AND OTHERS ...RESPONDENT(S)
Counsel for the Petitioner(s) : SRI. S.SARATH KUMAR
Counsel for the Respondents: Ms.DIVYA DATLA
G.P. FOR HOME
The Court made the following:
ORDER:
The Writ Petition is filed aggrieved by the action of the 2 nd respondent in not expediting the decision with regard to passport Renewal Application of the petitioner dated 15.12.2023.
2. Heard Mr.S.Sarath Kumar, learned counsel for the petitioner. Also heard Ms.Divya Datla, learned counsel appearing on behalf of the respondents 1 and 2 and learned Assistant Government Pleader for Home representing respondents 3 and 4.
3. The learned counsel for the petitioner made submissions with reference to the averments made in the writ petition to the effect that the petitioner obtained a Passport bearing No.K9206326 which is valid from 18.04.2013 to 17.04.2023. He submits that as the period of passport is expiring, the petitioner made an 2 NJS, J WP_4333_2024 application for renewal and attended before the 2 nd respondent on 15.12.2023 along with the requisite documents. He submits that subsequently the petitioner received a communication from the 2nd respondent stating that as per the Police Verification Report, a criminal case is pending against the petitioner and 30 days time was granted for submitting the explanation. The learned counsel referring to the provisions of the Passport Act, inter alia, submits that mere registration of F.I.R., cannot be a ground to refuse the issuance of passport and further that even assuming that a Charge Sheet is filed against the petitioner with reference to any criminal case, No Objection Certificate is not required as the petitioner has not received any summons from the jurisdictional Criminal Court. He also submits that as seen from Ex.P1 i.e., F.I.R.No.60 of 2023 dated 18.02.2023 on the file of Kuppam Urban Police Station, the offences registered against the petitioner are under Sections 188, 341, 290, 177(h) r/w Section 34 of Indian Penal Code and assuming without conceding that the offences registered against the petitioner are proved, the punishment in respect of the same is below two years and in such circumstances, Section 6(2)(e) of the Passport Act would not attract. He submits that the petitioner is planning to attend his son's convocation ceremony which is scheduled on 09.05.2024 in the United States of America and due to non-renewal of the passport, the petitioner is not in a position to finalize his travel plans. He submits that due to inaction of the 2 nd respondent, the petitioner's rights guaranteed under Article 21 of the Constitution of India are violated and in those circumstances, the petitioner is constrained to file the present writ petition.
3
NJS, J WP_4333_2024
4. Ms.Divya Datla, the learned counsel appearing on behalf of the 2 nd respondent made submissions, inter alia, contending that there is no dispute with regard to the settled position of Law that mere pendency of an F.I.R./crime may not be a ground to refuse renewal of the passport. But in the present case, after investigation, the concerned police had filed a Charge Sheet against the petitioner vide C.C.No.466 of 2023 and the matter is pending consideration before the learned Judicial Magistrate of First Class, Kuppam. She submits that the contention that the petitioner had not received summons and therefore, the cognizance of the crime was not taken against the petitioner, merits no acceptance. She submits that as the matter is ceased by the competent Criminal Court, the petitioner has to obtain appropriate orders from the said Court. She also submits that if the petitioner secures appropriate orders / NOC from the jurisdictional Criminal Court, necessary action would be initiated by the passport authorities.
5. This Court has considered the submissions made and perused the material on record.
Section 6 of the Passport Act deals with the Refusal of passports, travel documents etc., which may be extracted here under for ready reference:
(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and no other ground, namely: -
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;
(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;4
NJS, J WP_4333_2024
(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country;
(d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest.
(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: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.5
NJS, J WP_4333_2024
6. Thus from a reading of the above section, more particularly Section 6(2)(e) of the Act, it is discernible that a passport can be refused inter alia on the ground that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
7. The Central Government, in exercise of the power to exempt under Section 22 (a) of the Act issued notification dated 25.08.1993, which reads as under:
"MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 25th August, 1993 G.S.R. 570(E).-In exercise of the powers conferred by clause (a) of Section 22 of the Passports 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 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 sub-section (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 one year; 6
NJS, J WP_4333_2024
(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 renewed for one year at a time, provided the applicant has not travelled abroad for the 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 for travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.
[No. VI/401/37/79] L.K. Ponappa, Jt. Secy. (CPV)"
8. The above Standing Orders of the Central Government makes the position clear with regard to issuance/renewal of passports. Be that as it may. As contended by the learned counsel for the petitioner, mere pendency of crime/FIR is not an impediment for issuance/renewal of passport. However, in the present case, the cognizance of the crime registered against the petitioner had already taken vide C.C.No.466 of 2023. In normal circumstances, in the light of the Standing Orders of the Central Government referred to above, the applicant is 7 NJS, J WP_4333_2024 required to obtain/secure appropriate orders/NOC from the jurisdictional Criminal Court, where the C.C. is pending. But the contention advanced is that as the offences registered against the petitioner prescribes punishment, which is less than two years, Section 6(2)(e) of the Act would not attract. As noted earlier, the offences registered against the petitioner are under Sections 188, 341, 290, 177(h) r/w Section 34 of Indian Penal Code and in the event, the petitioner is found to be guilty of the said offences, the punishment would be less than two years. In such circumstances, the grounds/reasons for refusal of passport with reference to conviction by a Court in India under Section 6(2)(e) of the Act i.e., sentence or imprisonment for not less than two years, would not arise and this Court is of the opinion that the pendency of criminal case vide C.C.No.466 of 2023 would not be an impediment for renewal of passport of the petitioner and no orders need be obtained from the Criminal Court.
9. Considering the matter in its entirety, the writ petition is disposed of with a direction to the 2nd respondent to take action for renewal of the petitioner's passport, within a period of two (2) weeks from the date of receipt of a copy of this order, without reference to pendency of C.C.No.466 of 2023 on the file of the Court of Judicial Magistrate of First Class, Kuppam. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_____________________ NINALA JAYASURYA, J Date: 21.02.2024 Note: Furnish C.C. in 3 days.
B/o.
BLV 8 NJS, J WP_4333_2024 THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.4333 of 2024 Date: 21.02.2024 Note: Furnish C.C. in 3 days.
B/o.
BLV