The Bombay High Court allowed an application challenging the order dated 15/04/2023 passed by the learned Additional Sessions Judge, whereby the Applicant was permitted to apply for Passport/renewal only for one year.
The Court observed that it is of course the discretion of the Court to prescribe the period for renewal of the passport and for granting permission for a particular period. But when a specific prayer for a particular period is made, then if that period is not granted or a lesser period is granted; some reasons are expected.
Brief Facts:
In the original application of the applicant, his specific prayer was for permission to apply for the Passport for a period of ten years. On that application, learned Trial Judge passed an order dated 06/03/2023 vide which the application was allowed and the applicant was permitted to apply for renewal of passport to the Passport Authority. However, the order did not mention any specific period, though, the Applicant had specifically prayed for a period of 10 years for renewal of his passport.
Hence, the applicant thereafter again approached the same learned Trial Judge for clarification of the said order and filed another application in the same sessions Court. Again this time, he referred to his original prayer of renewal of his passport for 10 years. On that application, the learned Trial Judge passed the order on 15/04/2023, whereby the applicant was permitted to apply for passport/renewal for 1 year to the Passport Authority. Being aggrieved, the applicant has approached this Court.
Contentions of the Applicant:
The Learned Counsel for the Applicant invited the Court’s attention to the applicant’s original application for renewal of the passport where his specific prayer was for permission to apply for the Passport for a period of ten years.
He submitted that in neither of these orders passed by the learned Trial Judge, the reasons are given as to why permission was not granted for renewal of the passport for 10 years. In the first instance, no period was mentioned. On the second occasion, one year period was granted. No reasons were given for limiting the renewal for a period of one year.
Observations of the Court:
The Court observed it is of course the discretion of the Court to prescribe the period for renewal of the passport and for granting permission for a particular period. But when a specific prayer for a particular period is made, then if that period is not granted or a lesser period is granted; some reasons are expected.
The Court noted that it would be entirely the discretion of the learned Trial Judge to decide the period for which renewal permission can be granted. However, the learned Trial Judge shall give sufficient reasons for fixing that particular period.
The decision of the Court:
The Bombay High Court, allowing the application, held that the order dated 15/04/2023 limiting the renewal period of the passport to one year is set aside.
Case Title: Amit Lakhan Nihal v The State of Maharashtra
Coram: Hon’ble Justice Sarang V. Kotwal
Case no.: CRIMINAL APPLICATION NO. 437 OF 2023
Advocate for the Applicant: Mr. Vikram Sutaria
Advocate for the Respondent: Smt. M. R. Tidke
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