Valasimgam Vyshnavi v. Union of India, Ministry of External Affairs Regional Passport Office at Vijayawada
2019-03-11
G.SHYAM PRASAD
body2019
DigiLaw.ai
JUDGMENT : 1. This is a writ of mandamus filed by the petitioner under Article 226 of the Constitution of India to declare the proceedings issued by the respondent, dated 20.12.2018 as illegal and arbitrary and sought for a direction to the respondent to issue passport to the petitioner. 2. Heard learned counsel for the petitioner and Mrs. M. Indrani, learned standing counsel for the respondents 1 and 2. 3. Learned counsel for the petitioner submits that a false complaint was lodged against the petitioner and her family members by her paternal aunt and a criminal case was registered, which was numbered as C.C.No.125 of 2018 on the file of the Judl. Magistrate of I Class. Kurnool and it is pending. The petitioner in order to prosecute her studies in Medicine, has applied for an admission in foreign Country and consequently secured an admission in Southwestern University, Cebu City, Phillippines for prosecuting her MBBS course. In anticipation of admission, the petitioner has applied for Indian Passport to the respondent on 03.07.2017. The respondents 1 and 2-passport authorities have passed impugned order expressing that NOC/Police Clearance for issuance of passport cannot be accorded and called for explanation of the petitioner. The petitioner accordingly submitted her explanation. In spite of explanation given be the petitioner, the passport authorities have issued proceedings, dated 08.11.2017. 4. The petitioner has submitted passport application form on 03.07.2017, on which, the passport authorities issued proceedings, dated 08.11.2017 calling for explanation of the petitioner. The petitioner has submitted her explanation on 07.12.2017. On submission of the application of the petitioner, the passport authorities have not taken any action. Therefore, she filed W.P.No.40444 of 2018, wherein this Court passed an order directing the 4th respondent to pass appropriate orders by taking into account the explanation submitted by the petitioner, dated 8.11.2017 in accordance with law within a period of 2 weeks from the date of receipt of a copy of the order. Thereafter, the 2nd respondent has issued impugned proceedings, dated 20.12.2018 informing the petitioner to furnish the requisite orders from the competent court for issue of passport. Aggrieved by the impugned order, the present writ petition is filed. 5.
Thereafter, the 2nd respondent has issued impugned proceedings, dated 20.12.2018 informing the petitioner to furnish the requisite orders from the competent court for issue of passport. Aggrieved by the impugned order, the present writ petition is filed. 5. Learned standing counsel for Central Government Submits that as per Section 6 (2) (t) of the Passports Act, 1967, when the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country. Counsel placing reliance on the above provision submits that criminal case is pending against the petitioner. Therefore, the respondents cannot issue passport to the petitioner. 6. In this connection, learned standing counsel placed reliance on the notification issued by the Ministry of External Affairs in G.S.R.570 CE). As per G.S.R.510 (E), 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 of one year. A combined reading of Section 6 (2) (f) of the Passports Act and the notification in G.S.R.570 (E) clearly reveals that when a person was involved in a criminal case, he has to obtain an order from the Court for issuance of passport for a specified period and if the period is,’ not specified, passport shall be issued for a period of one year. 7. In the light of the submissions made by the-learned standing counsel, it is obvious that the petitioner involved in a criminal case. She has to seek permission from the competent Court for issuance of passport for a specified period and if no period is specified for issue of passport or for the travel abroad, the passport shall be issued for a period of one year. 8. In view of the foregoing reasons, the petitioner may approach the criminal court and the Court shall consider the application of the petitioner and pass appropriate orders within a period of one week from the date of receipt of the application. 9.
8. In view of the foregoing reasons, the petitioner may approach the criminal court and the Court shall consider the application of the petitioner and pass appropriate orders within a period of one week from the date of receipt of the application. 9. With the above observation, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.