Sonthosh Yadav Appojivalla Nagaraja v. Union of India
2024-01-08
NINALA JAYASURYA
body2024
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the respondents. 2. The petitioner herein has been issued a Passport bearing No.M2343940 dtd. 24/9/2014 for a period of 10 years i.e., till 23/9/2024. As the pages in the Passport were exhausted, the petitioner on 4/10/2023 approached the 2nd respondent for issuance of Passport under the existing Passport No.M2343940 with additional pages for the remaining period. To the petitioner's utter surprise, the 2nd respondent initiated procedure for issuance of a new Passport and in that context, the police officials made enquiries/investigation. On the basis of the said enquiry, a Show Cause Notice dtd. 7/11/2023 was issued to the petitioner to which, he submitted a reply. 3. The learned counsel for the petitioner submits that when the validity of petitioner's passport is upto 23/9/2024, the procedure adopted by the passport authorities as if it is for a new/renewal of passport is not tenable. He submits that what all the authorities is required to do is to issue a passport with the very same number i.e. M2343940 for the balance period i.e., upto 23/9/2024 as the pages in the passport dtd. 24/9/2014 were exhausted. He submits that the question of obtaining Police Verification Report does not arise at all in a case like this which would not fall under the category of either a new or renewal of passport. 4. Referring to the provisions of the Passport Act (for short 'the Act'), more particularly, Sec. 7 of the Act, he submits that a Passport or a travel document shall, unless revoked earlier, continue to be in force for such period as may be prescribed therein. He submits that when a Passport has been issued to the petitioner, which is due to expiry on 23/9/2024, any action on the part of the Passport-authorities to curtail the period, except in exceptional circumstances, amounts to infringement of petitioner's Fundamental Rights guaranteed under the Constitution of India. He submits that even assuming that a criminal case is pending against the petitioner, in view of the settled legal position, the same would not come in the way of passport-authorities to issue a Passport. 5.
He submits that even assuming that a criminal case is pending against the petitioner, in view of the settled legal position, the same would not come in the way of passport-authorities to issue a Passport. 5. In the present case, the learned counsel submits that there is no dispute about the subsistence of the petitioner's passport till 23/9/2024 and in such circumstances, the petitioner is entitled for a Passport with the same Number i.e., M2343940 containing the additional pages to enable the petitioner to travel on his business and other trips, till the expiry of the validity period i.e., 23/9/2024. Placing reliance on the decision of a learned Judge of High Court of Judicature at Madras dtd. 28/2/2022 in W.P.No.332 of 2022( Karti P.Chidambaram v. The Regional Passport Officer, Regional Passport Office), the learned counsel submits that the present writ petition deserves to be allowed on similar lines and seeks appropriate reliefs. 6. Mr. Arun Showri, the learned Standing Counsel on behalf of the respondents, on the other hand, made submissions with reference to the counter affidavit filed by the 2nd respondent. He submits that there is no provision in the Passport Act or the Rules made thereunder which provide for issuance of Additional Passport in case of exhaustion of pages in the passport and the petitioner has to apply for reissue of Passport, as if the Passport period is expired. He submits that the petitioner being a frequent fly to abroad, should have sought for additional pages at the time of making the initial application by paying the requisite fees. Be that as it may. He submits that as the application of the petitioner is for reissue of Passport, as per the procedure in vogue, verification was sought from the concerned police officials and the same cannot be found fault with. He also submits that since the police investigation revealed that the petitioner is involved in a criminal case, a Show Cause Notice dtd. 7/11/2023 was issued, to which the petitioner submitted his response on 8/12/2023. He submits that in view of the pendency of criminal case against the petitioner, he has to approach the concerned Court for re-issue of Passport either on the ground of expiry of period or exhaustion of pages.
7/11/2023 was issued, to which the petitioner submitted his response on 8/12/2023. He submits that in view of the pendency of criminal case against the petitioner, he has to approach the concerned Court for re-issue of Passport either on the ground of expiry of period or exhaustion of pages. He also submits that a Passport would be issued to the petitioner as and when the concerned Court permit him to travel abroad along with a direction to re-issue the Passport in terms of Notification vide G.S.R.No.570(E) dtd. 25/8/1993. He also submits that the petitioner has an effective alternative remedy and the writ petition is therefore liable to be dismissed. 7. This Court has considered the submissions made and perused the material on record. On an appreciation of rival contentions, the grievance of the petitioner is that though the Passport issued to him is valid upto 23/9/2024, the 2nd respondent is not issuing the Passport on the existing number with additional pages since the pages were exhausted in the passport. From a perusal of the provisions of the Act, it would appear that there is no procedure contemplated which deals with a situation in the event of exhaustion of pages in the Passport. 8. However, Rule 12 of the Passport Rules dealing with the duration of Passports or travel documents contemplates that an ordinary passport for persons other than children below the age of 15 years, containing 36 pages or 60 pages shall be in force for a period of 10 years from the date of its issue. Thus, the validity/life of the passport whether it contains 36 pages or 60 pages is 10 years from the date of issue. Sec. 7 of the Act inter alia contemplates that a Passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed. Sec. 10 of the Act deals with variation, impounding and revocation of passports and travel documents by due compliance with the procedure envisaged therein. It is not the case of the respondents that the passport of the petitioner is revoked. 9. Applying the above said provisions, it can be safely concluded that the petitioner's Passport would be valid till 23/9/2024, unless it is revoked by invoking Sec. 10 of the Act.
It is not the case of the respondents that the passport of the petitioner is revoked. 9. Applying the above said provisions, it can be safely concluded that the petitioner's Passport would be valid till 23/9/2024, unless it is revoked by invoking Sec. 10 of the Act. Therefore, this Court is required to examine as to whether the action of the respondent No.2 in processing the application of the petitioner treating it for reissue, as if the passport period is expired, is tenable. 10. In Karti P.Chidambaram' case referred to above, similar issues fell for consideration before the High Court of Judicature at Madras. The petitioner therein approached the passport authorities to reissue passport with additional pages valid for a period of 10 years from the date of issuance. The learned Judge after referring to a catena of cases at Para No.15 held as follows: "15. In all these cases, it is clearly stated that the authority cannot shorten the duration or validity of the passport without following the mandate of Ss. 7 and 10 of the Act. Therein the courts, considering the facts and circumstances of the case, directed for renewal of passport for a period of 10 years. However, it was subject to the condition that the applicant shall approach the Magistrate concerned for getting appropriate direction to travel abroad. Therefore, it is clear that permission to travel abroad and renewal or reissue of passport are two different aspects to be dealt with by different provisions of the Act. In normal circumstances, on exhaustion pages, issue of additional booklet or reissue of Passport will not attract Sec. 6(2) (f) or any Notification issued thereof, much less, without taking recourse to the relevant provisions intended by the lawmakers there for. It has to be made as per Rule 12 of the Passports Rules, 1980, and the passport authority shall issue a passport for the normal period." 11. In the light of the above said decision, which is based on sound legal principles, the contentions advanced on behalf of the petitioner merits acceptance. 12. Further, the action of the respondents in treating the application of the petitioner for reissue of passport amounts to curtailing the period of its validity before the expiry of the same on 23/9/2024.
In the light of the above said decision, which is based on sound legal principles, the contentions advanced on behalf of the petitioner merits acceptance. 12. Further, the action of the respondents in treating the application of the petitioner for reissue of passport amounts to curtailing the period of its validity before the expiry of the same on 23/9/2024. Such an action would not only be in violation of the principles of natural justice, but also contrary to the provisions of the Act and infringes that petitioner's rights guaranteed under the Constitution of India. Therefore, the same is not valid and the contention raised by the learned counsel for the respondents regarding alternative remedy deserves no appreciation, in the aforesaid view of the matter. 13. For the aforegoing conclusions, there shall be a direction to the 2nd respondent-Regional Passport Officer, Visakhapatnam to issue a passport to the petitioner for the remaining period of validity i.e., 23/9/2024 as expeditiously as possible, within a period of two (2) weeks from the date of receipt of a copy of this order. Needless to observe that the petitioner has to obtain NOC/permission from the concerned Magistrate, if the cognizance of the criminal case is taken and in the event, he intends to travel abroad. 14. The writ petition is accordingly disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.