Om Prakash Nagar S/o Shri Sukh Chand Nagar v. Union of India through Secretary Ministry of External Affairs New Delhi
2020-03-06
MAHENDAR KUMAR GOYAL
body2020
DigiLaw.ai
ORDER : 1. This writ petition has been preferred seeking direction for the respondents to release his Passport No.N6667140 valid from 13.01.2016 to 22.01.2026 (surrendered under certificate dated 04.10.2019). 2. It is contended by learned counsel for the petitioner that the respondents are not releasing his passport on account of order dated 12.12.2019 passed by the Judicial Magistrate No.3 (South), Kota in criminal case No.1049/2014, CIS No.34773/2014, whereby, convicting him under Sections 279, 337 and 338 IPC and Section 134/187 of the Motor Vehicles Act, 1988, he was directed to be extended benefit of probation under Section 4 of the Probation of Offenders Act, 1958 with condition to execute bond to maintain peace for a period of one year. 3. Relying on Section 6(2)(e) of the Passport Act, 1967(hereinafter referred as “the Act”), learned counsel for the petitioner submits that the passport can be withheld only in case of conviction for an offence involving moral turpitude and consequent sentence for an imprisonment for not less than two years. Learned counsel submits that he was convicted for a minor offence involving road accident wherein also, he was entered benefit under the Act of 1958. 4. Learned counsel for the respondents prays for time to file reply. 5. Time prayed for filing the reply is granted. 6. However, the learned counsel for the petitioner prays for interim relief expressing urgency for release of the passport in view of offer of appointment by the Dangote Industries Limited, Nigeria, vide its order dated 03.12.2019, which requires him to join the duties immediately. 7. The prayer is opposed by the learned counsel for the respondents. 8. Being conscious of the fact that grant of interim relief may result in allowing the writ petition itself; but, looking to the urgency of release of passport of the petitioner, the nature of offence under which he was convicted as well as the spirit of Section 6 (2)(e) of the Act and the fact that immediate non-release of the passport of the petitioner, may render the writ petition infructuous, I direct the respondents to release his Passport No.N6667140 valid from 13.01.2016 to 22.01.2026 (surrendered under certificate dated 04.10.2019) within a period of seven days from the date of submission of certified copy of this order. 9. List the matter after two weeks.