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Showing contexts for: passport surrender in Rajendra Eknathrao Vikhe vs The Union Of Inida Thr. The Secretary ... on 29 August, 2022Matching Fragments
(PER VALMIKI SA MENEZES, J.) :
2 954-J-WP-550-22 (2).doc
1. Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.
2. This Writ Petition invokes our powers under Article 226 of the Constitution of India and seeks a declaration to declare that the action on the part of respondent No.3, Regional Passport Office, Pune in directing the Petitioner to surrender his passport based upon incorrect adverse Police verification Report is violative of Article 21 of the Constitution of India. The petition also seeks a declaration that the Petitioner is entitled to the return of his passport bearing No. Z6784605 dated 07/07/2022 and a direction to Respondent No.3, Regional Passport Office, Pune, to forthwith return the said passport, to enable the petitioner to travel abroad;
The learned counsel further submits before us that there is no application of mind to the Show Cause Notice dated 15/07/2022 issued by the Respondent No.3 to the Petitioner, nor has the Respondent passed any speaking order before directing the Petitioner to surrender his passport based upon the unsubstantiated communication that there was an Adverse Police Report, issued by Respondent No.2 to the Respondent No.3. He 9 954-J-WP-550-22 (2).doc further submits that the action on the part of Respondent No.3 in directing the Petitioner to surrender his renewed passport is wholly unsustainable, without the Respondent applying its mind to the contents of the replies filed by the Petitioner before it, wherein the Petitioner has specifically brought to the notice of the authorities that he is not an accused in Crime No.156/2014, nor has he been charge-sheeted in the said crime, or any case found pending against him in his personal capacity. The learned counsel submits that the directions issued to him to surrender his passport without considering the specific statement in the Petitioner's Reply dated 20/07/2022 or without the authority ascertaining the true facts and obtaining the factual details and material which constituted proof for the adverse inputs claimed to have been received by the authority, are arbitrary.
At the outset, we proceed to examine whether the Show Cause Notice dated 15/07/2022 issued by the Respondent No.3 and the Surrender Certificate issued on 08/08/2022, pursuant to which the Petitioner lodged his passport with the Respondent No.2 was based upon the reasons founded upon correct factual material i.e. whether there was factually a criminal proceeding pending against the Petitioner to justify action under Section 10(3)(d)(e) of the Passports Act, 1967. On going through the record before us, it becomes abundantly clear that, though the Affidavit filed by Shri Harshadkumar Parmar, Passport Officer, Nagpur on behalf of Respondent No.3 states in Para No.4 thereof, 22 954-J-WP-550-22 (2).doc that Loni Police Station, Ahmednagar submitted an Adverse Report stating that "EOW Nagpur Registration No.316/2017 dated 04.02.2017 under Maharashtra Prevention of Defacement Property Act, 1995, Section (s)(8) is registered against him and that the said case is under trial with District Judge-5 and Additional Sessions Judge, Nagpur", there appears to be no factual record of any criminal proceedings, whether under investigation in Crime No.156/2014 or in Application before the Designated Criminal Court, that substantiates this statement. It is an accepted position before us, as candidly admitted by the learned counsel for the Respondents, that the Petitioner has no criminal record or pending criminal proceedings, wherein he has been personally implicated. This being the position, the erroneous factual foundation for issuing Show Cause Notice dated 15/07/2022 and Surrender Certificate under which the Petitioner's passport was surrendered on 08/08/2022 before the Respondent No.3 renders the action of Respondent No.3 in directing the Petitioner to surrender his passport and impounding the same under the provisions of Section 10 of the Passports Act, 1967, arbitrary, violating the Petitioner's fundamental rights under Articles 14 and 21 of the Constitution of India.
17. Applying the ratio of the Judgments cited by us above, and giving due regard to the fact that it has been consistently held that denial of the right to travel or denial of travel documents such 25 954-J-WP-550-22 (2).doc as a passport, or impounding a passport on the basis of arbitrary reasoning would infringe upon the fundamental rights of a citizen guaranteed under Articles 19 and 21 of the Constitution of India, and such arbitrary action would be violative of Article 14, we hold and declare that the action on the part of Respondent No.3, Regional Passport Office, Pune in directing the Petitioner to surrender his passport is arbitrary and violative of Article 21 of the Constitution of India. Consequently, we declare that the Petitioner is entitled to the return of his passport No. Z6784605 dated 07/07/2022 and accordingly, we direct Respondent No.3, Regional Passport Officer, Pune to forthwith return the said passport to the petitioner.