Kerala High Court
Muhammad Anas vs Union Of India on 5 November, 2018
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY ,THE 05TH DAY OF NOVEMBER 2018 / 14TH KARTHIKA, 1940
WP(C).No. 32385 of 2018
PETITIONER/S:
MUHAMMAD ANAS
AGED 33 YEARS
S/O SULAIMAN,
IDICHIRETH HOUSE,
ADINADU NORTH POST,
KARUNAGAPALLY,
KOLLAM DISTRICT
PIN CODE NO 690542
BY ADVS.
SRI.P.V.VENUGOPAL
SRI.R.SABU
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI
PIN CODE NO 1170323
2 THE REGONAL PASSPORT OFFICER
PASSPORT OFFICE, THIRUVANANTHAPURAM, PIN CODE NO.682
036.
3 THE OFFICER IN CHARGE
PASSPORT SEVA KENDRA KOLLAM 74 BUILDING M.C.
VIII/1578/715-A, S.N.TRUST COMPLEX, NEAR KOLLAM
MUNICIPAL CORPORATION OFFICE VELLAPALLY NAGAR,
KOLLAM, PIN CODE NO.691 001.
4 INSPECTOR OF POLICE
STATION HOUSE OFFICE, KARUNAGAPALLY, PIN CODE NO. 690
518.
SMT.AMMINIKUTTY-SR.GP,SRI. JAYASANKAR.V.NAIR-CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 32385 of 2018
2
JUDGMENT
The petitioner says that he had earlier obtained a passport, albeit in the name of some other person, and that he had travelled out of India. According to the petitioner, at the time when he had obtained the first passport, he was only 17 years of age and that the passport in someone else's name was affixed with his photograph so as to make it appear that it was his passport and that on such basis he had travelled outside India. He says that all this was done by his grand-mother with the help of an agent and he says that he had, thereafter, surrendered the passport to the Passport Authority through Ext.P2 letter. He says that since he has surrendered his earlier passport, he is now entitled to get a new passport under the provisions of the Passports Act, 1957.
2. The learned Central Government Counsel, who appears on behalf of the respondents, submits that the petitioner has surrendered his passport only after an anonymous complaint was received by the Authorities and that a crime has been registered against him before the competent Magistrate's Court, which is still pending. According to the learned Central Government Counsel, the petitioner can apply for a fresh WP(C).No. 32385 of 2018 3 passport, however, only as per the provisions of the Passport Act and after obtaining necessary permission from the competent Criminal Court, before which the case is pending and under whose orders he has been enlarged on bail.
3. On hearing the submissions made by the Central Government Counsel, I am certainly of the view that the stand adopted by the respondents is the most reasonable in the given circumstances. Since the petitioner is already implicated in a criminal case, it is needless to say that he has to obtain the permission of that court before he can travel outside India or to obtain a passport for that purpose. Therefore, going by the submissions made by the learned Central Government Counsel, I deem it appropriate to direct the petitioner to approach the competent Criminal Court and apply for permission to travel outside India, after which he can approach the competent Passport Authority with a properly constituted application under the Provisions of the Passport Act, 1957 and the Rules thereunder.
In the aforesaid circumstances, I order this writ petition and give liberty to the petitioner to move the competent criminal court, before which his criminal case is pending and obtain permission to travel abroad and thereafter, after obtaining such WP(C).No. 32385 of 2018 4 a permission from the criminal court, to approach the competent Passport Authority with a proper application as per the applicable Statute, Rules and Regulations, in which event the competent Authority will consider the same in terms of law and take appropriate action.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE Dxy WP(C).No. 32385 of 2018 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ONLINE RECEIPT IN THE NAME OF PETITIONER BEARING APPLICATION REFERENCE NUMBER 18-1009734815 ISSUED BY 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF WRITTEN REQUEST AND WILLINGNESS TO SURRENDER PASSPORT NO.H 6671240 SUBMITTED BEFORE THE OFFICE OF THE 2ND RESPONDENT REGIONAL PASSPORT OFFICER THIRUVANANTHAPURAM DATED 02/03/2016.
EXHIBIT P2 A TRUE COPY OF ENGLISH TRANSLATION OF WRITTEN REQUEST AND WILLINGNESS TO SURRENDER PASSPORT NO.H 6671240 SUBMITTED BEFORE THE OFFICE OF THE 2ND RESPONDENT REGIONAL PASSPORT OFFICER THIRUVANANTHAPURAM DATED 02/03/2016.
EXHIBIT P3 TRUE COPY OF ONLINE APPLICATION ON 03/03/2016 SUBMITTED BY THE PETITIONER BEFORE THE OFFICE OF THE OFFICER IN CHARGE OF PASSPORT SEVA KENDRA, THIRUVANANTHAPURAM DATED 02/03/2016.
EXHIBIT P4 COPY OF FIR IN CRIME NO.2693/2016 OF KARUNAGAPPALLY POLICE STATION ALLEGING OFFENCE UNDER SECTIONS 420, 465, 468, 471, I.P.C. R/W 12(1) (B) OF PASSPORT ACT ALONG WITH ITS TRUE MALAYALAM TRANSLATION COPY OF FIR IN CRIME NO 2693/2016 OF KARUNAGAPPALLY POLICE STATION ALLEGING OFFENCE UNDER SECTIONS 420, 465, 468, 471 I.P.C. R/W 12(1) (B) OF PASSPORT ACT.
EXHIBIT P4 A COPY OF ENGLISH TRANSLATION OF FIR IN CRIME NO.2693/2016 OF KARUNGAPPALLY POLICE STATION ALLEGING OFFENCE UNDER SECTIONS 420, 465, 468, 471 I.P.C. R/W 12(1)(B) OF PASSPORT ACT ALONG WITH ITS TRUE MALAYALAM TRANSLATION.WP(C).No. 32385 of 2018 6
EXHIBIT P5 CERTIFIED COPY OF ORDER IN B.A.NO.8187/2017 DATED 29/11/2017 GRANTING ENLARGEMENT OF BAIL TO PETITIONER BY HONOURABLE HIGH COURT OF KERALA.