Indian Kanoon - Search engine for Indian Law

26. On "pending crime" this Court in Muhammed has held that mere registration of a crime invokes neither Section 6 nor Section 10. It went on to observe that the police verify the applicant's identity, the 9 AIR 1967 SC 1836 citizenship, and antecedents. This information verification is pivotal.

"Incomplete, vague or adverse" PVR received, the Passport Officer can ask for more information from the applicants. Indeed, if the report is adverse, the authority may refuse to issue the passport. Besides, it may impound or revoke the passport already given, acting on the adverse report. But all those steps must adhere to due process: the principles of natural justice. Put on notice, if the applicant replies or fails to respond on time, the authority may decide the further cause of action.

27. The "pending crime" finds mentioned in Guideline 4.3 (d) of the Passport Guidelines. That guideline declares that mere registration of an FIR does not attract Section 6(2)(f) or 10(3)(e) of the Act. It also notes that "only if cases are actually charge-sheeted" and pending before the criminal court, do those provisions apply. It then advised the officers to get the case status before refusing the applicant's request for a passport or impounding an already issued passport.

28. Here, the question is, can we accuse Jayasoorya of suppressing any material fact? A crime, in fact, was registered against him, but that crime is not "pending." So long as it is not pending, the law does not compel him to disclose. And his not revealing a crime under investigation--even if he knew about it--does not amount to suppression. But he maintains he did not know about it.

39. Second, Section 6 of the Act empowers a Passport Officer to prevent an applicant from visiting any foreign country on the enumerated grounds under that Section--and no other ground. The list of grounds is self-revealing. Leaving aside the Country's international obligations, it mainly aims at preventing fugitiveness. And Sub-Section (2), Clause (f) contains the ground of crime. That is, if judicial proceedings are pending about an offence the applicant allegedly committed, the passport authority "shall refuse to issue a passport or travel document." Section 10, indeed, deals with variation, impounding, and revocation of passports and travel documents. Under Sub-Section (3), "the passport authority may impound or cause to be impounded or revoke a passport or travel document, if (e) proceedings about an offence "alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India."

40. We may note the distinction. Section 6 is a threshold provision; it deals with the passports to be issued; Section 10 with those already issued. Crime pending in a court of law, under Section 6, the passport authority has no discretion but to refuse applicant's request for the passport. And that "pending" has a technical connotation: cognizance must have been taken. But discernibly, if the passport has already been issued, its variation, impounding, or revocation is not automatic, even if a crime is found pending against the passport holder. For the passport authority may impound or cause to be impounded or revoke a passport or travel document if criminal proceedings are pending before a criminal court in India. In fact, all contingencies contemplated under Section 10 are discretionary.