Allahabad High Court
Mohammad Akhtar vs Union Of India And Another on 21 February, 2023
Bench: Surya Prakash Kesarwani, Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- WRIT - C No. - 32518 of 2022
Petitioner :- Mohammad Akhtar
Respondent :- Union Of India And Another
Counsel for Petitioner :- Muqeem Ahmad
Counsel for Respondent :- A.S.G.I.,Ritu
Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
Heard Sri Muqeem Ahmad, learned counsel for the petitioner and Smt. Ritu, learned Central Government Standing counsel for the respondent.
This writ petition has been filed praying for the following relief:
"i. Issue, a writ, order or direction in nature of mandamus/commanding the respondent no.2 to issue passport to petitioner applied in the normal category within stipulated period as application of petitioner pending since 31.8.2022."
Undisputed facts of the present case are that the petitioner applied online for passport for the first time on 31.08.2022.
As per instructions of the respondent no.2 dated 11.11.2022, as produced by the learned standing counsel before us a police verification report was received on 16.09.2022 with the remark that "case No.22/2013 under Section 294 I.P.C.". Thereupon the respondent no.2 issued a show cause notice dated 19.09.2022 to the petitioner.
Alongwith writ petition, the petitioner has filed a certified copy of the judgment, dated 12.09.2015 in case No.1407 of 2013 (case crime No.22 of 2013) under Section 294 I.P.C., P.S. Kotwali (State Vs. Akhtar Hussain), passed by the Chief Judicial Magistrate, Azamgarh, whereby the petitioner was convicted with a fine of Rs.400/- and in the event of non deposit, to undergo simple imprisonment for two days.
Thus, in the criminal case which has been made the sole ground to issue a show cause notice dated 19.09.2022 to the petitioner, was decided by the Court of Chief Judicial Magistrate, Azamgarh vide judgment and order dated 12.09.2015 was passed convicting the petitioner with fine of Rs. 400/- and in the absence of deposit, simple imprisonment for two days. After about seven years of the aforesaid judgment and order dated 12.09.2015, the petitioner has applied for passport.
Section 6(2) of the Passport Act, 1967 provides as under :
"Section 6: Refusal of passports, travel documents. Etc. -
(1)?.
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest."
Thus, in view of specific provisions of Clause (e) of sub Section 2 of Section 6 of the Passport Act, 1967 the show cause notice allegedly issued by the respondent no.2, is wholly illegal and totally unsustainable in view of the fact that the petitioner was convicted with fine of Rs.400/-, about 7 years before the submission of the application for passport on 31.08.2022.
For all the reasons aforestated, we direct the respondent no.2 to process the passport application of the petitioner in accordance with law and take a final decision in accordance with law, within one month from the date of submission of certified copy of this order.
Writ petition is allowed with costs.
Order Date :- 21.2.2023/vkg
