Delhi High Court
Kunal Minda vs Union Of India And Anr on 19 December, 2022
2022/DHC/005700
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 19th December, 2022
+ W.P.(C) 15664/2022 & CM APPL. 55106/2022
KUNAL MINDA ..... Petitioner
Through: Mr. Hrishkesh Baruah & Ms.
Apoorva Jain & Mr. Kumar Kshitij,
Advs.
versus
UNION OF INDIA AND ANR ..... Respondents
Through: Ms. Nidhi Raman, Mr. Zubin Singh,
Ms. Charu Modi & Ms. Devika Bajaj,
Advs, for R1 & R2 (M: 9891088658)
Ms. Ekta Choudhary & Ms. Kirti
Singh, Advs.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL.55106/2022 (for early hearing)
2. In the present petition, the Petitioner- Kunal Minda prays that the
passport be issued to him for a period of 10 years from the date of issuance
in view of the order dated 4th November, 2022 passed by the ld.
Metropolitan Magistrate-07, North West District, Rohini Courts, Delhi
(hereinafter 'ld. MM').
3. The background facts of the matter are that an incident took place on
10th June, 2005 due to which an FIR bearing no. 552/05 dated 5th July, 2005
was registered against various persons including the Petitioner herein. In the
said FIR, which is the subject matter of the proceedings before the ld. MM., an
application was moved by the Petitioner for issuance of an NOC for renewal of
passport. The same was considered on 4th November, 2022 and the following
order was passed by the Ld. Metropolitan Magistrate:
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.12.2022
15:30:35
2022/DHC/005700
" This is an application for issuance of NOC
for renewal of passport filed by the
applicant/accused Kunal Minda.
Heard.
Application perused.
The application is just filed for issuance of NOC
for renewal of passport and not for seeking
permission from this court for traveling abroad. I
find no reasons to decline the request of the
applicant/accused. As such NOC is hereby granted
to the applicant for renewal of his passport.
Further the applicant shall not leave the country
without taking prior approval/permission from this
court.
Needless to say that the Regional Concern
shall not be swayed by the NOC granted by this
court and shall consider the application of the
applicant on merits. The application stands
disposed off in terms of above directions. "
4. The Petitioner then approached the passport authorities for renewal of
the passport and was informed that the passport would be renewed only for 1
year instead of 10 years in terms of the Passport Rules, 1980. Hence, the
prayer in the petition is for issuance of a renewed passport for 10 years.
5. Ld. counsel for the Petitioner relies upon the judgment of Bombay
High Court in Narender K. Ambwani v. Union of India (2014) 4 Bom CR
281 to argue that when the Magistrate directs issuance of passport renewal
as per the Passport Rules, 1980 the same has to be for a period of 10 years.
On the other hand, ld. Counsel for the Respondent relies upon the judgments
of Prashant Bhushan v. Union of India 2016 (154) DRJ 385 (DB) and
Deepak Jain v. Union of India 2018 SCC OnLine Del 11767 to submit
that the Petitioner needs to approach the concerned court for necessary
clarification in this regard.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.12.2022
15:30:35
2022/DHC/005700
6. The matter has been heard. A perusal of the judgment in Deepak Jain
(supra) shows that the ld. Single Judge of this Court has already taken a
view in the matter after considering the judgments in Narender K.
Ambwani (supra) as also the decision in Prashant Bhushan (supra). After
considering the said decisions as also the notification dated 25th August,
1993 passed by the Government of India, the Court came to the following
conclusion:
"10. It is apparent from the language of the
notification dated 25.08.1993- which is not under
challenge in these proceedings- that if no period for
issue of the passport or approval is specified, the
passport would be issued for a period of one year.
Admittedly, the Passport Rules, 1980 provide that the
period of validity of a passport shall be ten years. The
reference to Rules by the Trial Court should in
normal circumstances also mean the same as held by
the Bombay High Court in Narendra K. Ambwani v.
Union of India: Civil Writ Petition No. 361/2014,
decided on 13.03.2014. However, the decision in
Prashant Bhushan v. Union of India, 2016 (154) DRJ
385 (DB) is clear in this regard. Thus, it would be
necessary for the applicant to seek orders for
expressly indicating the period for which a passport
can be issued. In view of the above, the present
petition is disposed of by granting liberty to the
petitioner to approach the concerned Court for
necessary clarification. In the event, the Trial Court
indicates that it has no objection for issuance of the
passport for the full term as provided under the
Passport Rules, 1980, the petitioner would be at
liberty to make a fresh application for renewal of the
passport and it would be processed, accordingly."
7. In the present case, it is noticed that the ld. MM's order does not
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.12.2022
15:30:35
2022/DHC/005700
specify the period for which the passport is to be renewed. It merely states
that the NOC is granted for renewal of the passport. In line with the above
decision, the Petitioner is permitted to approach the concerned MM for
seeking clarification as to the period for which the passport can be renewed.
8. Upon the said order being passed by the ld. MM, the Petitioner is free
to make a fresh application for renewal of the passport along with the copy
of the ld. MM's order of clarification and any other relevant orders. The
same shall be processed by the passport authorities in an expeditious
manner.
9. The petition, along with, all pending applications is disposed of in the
above terms.
10. The next date already fixed stands cancelled.
PRATHIBA M. SINGH
JUDGE
DECEMBER 19, 2022/DJ/SK
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.12.2022
15:30:35
