Karnataka High Court
Mujiba Ur Rehaman @ vs Union Of India on 25 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:29209
WP No. 17887 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 17887 OF 2024 (GM-PASS)
BETWEEN:
MUJIBA UR REHAMAN @
REHAMAN MUSLIM MOHAMED
AGED 39 YEARS
S/O SAIYED MOHMMED
R/AT NO.285, 3RD BLOCK,
RASUL LAYOUT
KUSHALNAGAR - 571 234
KODAGU DISTRICT.
...PETITIONER
(BY SRI KARUMBAIAH T.A, ADV.)
AND:
1. UNION OF INDIA
MINISTRY OF EXTERNAL AFFAIRS
SOUTH BLOCK, NEW DELHI - 110 001
Digitally BY PRINCIPAL SECRETARY.
signed by
NANDINI MS
Location: 2. THE PASSPORT AUTHORITY OF INDIA
High Court of
Karnataka PSP DIVISION, MINISTRY OF EXTERNAL
AFFAIRS, ROOM NO.8, PATIALA HOUSE
TILAK MARG, NEW DELHI - 110 001
REPRESENTED BY CHIEF PASSPORT OFFICER.
3. THE REGIONAL PASSPORT OFFICER
8TH BLOCK, 80 FEET ROAD
KORAMANAGALA BENGALURU - 560 095.
4. STATE OF KARNATAKA
BY N.R. POLICE, MYSORE - 570 001.
...RESPONDENTS
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NC: 2024:KHC:29209
WP No. 17887 of 2024
(BY SRI H. SHANTHI BHUSHAN, ADV., FOR R-1 TO R-3;
SRI SUNDER HEGDE, AGA FOR R-4)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-C THE
COMMUNICATION DTD 06.07.2022 ISSUED BY THE R-3 AND ALSO
ANNX-G THE COMMUNICATION CUM ORDER DTD 16.08.2023
ISSUED BY THE R-3 BEARING LETTER REF NO. FC 1/31552662/23.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR) In this petition, the petitioner seeks for the following reliefs:
" i. Issue a writ of certiorari to quash Annexure-C the Communication dated 06.07.2022 issued by the 3rd respondent and also Annexure-G the communication cum Order dated 16.08.2023 issued by the 3rd respondent bearing Letter Ref.No.FC 1/31552662/23; ii. Issue a writ of mandamus directing the 3rd respondent to consider Annexure-B the Passport Renewal Application dated 03.02.2022 and renew the passport of the petitioner within a specified period;
iii. issue a writ of mandamus directing respondent No.3 to renew the passport of the petitioner in compliance with the order dated 13.07.2022 in W.P.No.201057/2022 as per Annexure-G within a specified period in the interest of justice and equity".-3-
NC: 2024:KHC:29209 WP No. 17887 of 2024
2. Heard the learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. Learned counsel for the petitioner submits that apart from the fact that the impugned order at Annexure-F dated 01.06.2024 passed in S.C.No.286/2019 by the II Addl. District & Sessions Judge, Mysuru is contrary to the provisions in Section 9 of the Passports Act, 1967 and the material on record, in the light of the judgment of this Court in the case of SANTHOSH BEEJADI SRINIVASA V. UNION OF INDIA & OTHERS in W.P.No.24269/2023, the impugned order deserves to be set-aside and the application filed by the petitioner vide Annexure-D dated 01.08.2022 be re-considered by the Sessions Court by treating the same as an application for permission to travel and respondent Nos.1 to 3 may be directed to issue a short validity passport in favour of the petitioner for a period of one year to enable him to travel abroad.
4. Per contra, learned DSGI would oppose the submission made by the learned counsel for the petitioner and -4- NC: 2024:KHC:29209 WP No. 17887 of 2024 submit that there is no merit in the petition and the same is liable to be dismissed.
5. As rightly contended by the learned counsel for the petitioner, in SANTHOSH BEEJADI (supra) case which was rendered under identical circumstances, this Court accepted the request made by the petitioner therein for issuance of short validity passport and disposed of the petition by issuing following directions:
"(i) The prayer for issuance of a regular passport/normal validity passport for 10 years is rejected.
(ii) The impugned acknowledgment rejecting issuance of regular passport stands sustained.
(iii) The petitioner shall approach the concerned Court seeking issuance of a short validity passport and the concerned Court shall consider such application strictly in consonance with the Act, GSR-570 and its requirements.
(iv) The Court shall not reject the application / permission for issuance of a short validity passport on the ground of pendency of criminal case before it.
(v) The petitioner, in the application, shall clearly indicate the reason and the intended date of travel from the shores of this nation and his return to the shores of the nation".-5-
NC: 2024:KHC:29209 WP No. 17887 of 2024
6. In this context, a perusal of the impugned order passed by the Sessions Court would indicate that the same is contrary to the aforesaid judgment passed by this Court and accordingly the same deserves to be set aside and the present petition deserves to be disposed of in the aforesaid terms.
7. In the result, I pass the following:-
ORDER
(i) The writ petition is allowed.
(ii) The impugned order dated 01.06.2024 vide Annexure-F is hereby set aside.
(iii) The application at Annexure-D filed by the petitioner is remitted back to the II Addl. District & Sessions Judge, Mysuru for reconsideration afresh by treating the said application as an application for issuance of permission to travel in favour of the petitioner.
(iv) The Sessions Court shall reconsider and allow the said application and grant permission to the petitioner to travel abroad subject to the petitioner filing travel itinerary before the Sessions Court.
(v) Immediately upon appropriate order being passed by the Sessions Court on the application at Annexure-D filed by the petitioner, respondent Nos.1 -6- NC: 2024:KHC:29209 WP No. 17887 of 2024 to 3 shall take necessary steps to issue a short validity passport in favour of the petitioner in terms of directions issued by this Court in SANTHOSH BEEJADI (supra) case within a period of two weeks from the date of receipt of copy of the order to be passed by the Sessions Court.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE NMS