Gujarat High Court
Jagdishkumar Merubhai Parmar vs State Of Gujarat on 2 May, 2022
Bench: Vaibhavi D. Nanavati
C/SCA/6229/2022 ORDER DATED: 02/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6229 of 2022
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JAGDISHKUMAR MERUBHAI PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Petitioner(s) No. 1
MR. ISHAN JOSHI, AGP for the Respondent(s) No. 1
MR. KSHITIJ AMIN, CENTRAL GOVERNMENT STANDING
COUNSEL for the Respondent(s) No.2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 02/05/2022
ORAL ORDER
1. With the consent of learned advocates appearing for
the respective parties, the matter is taken up for final disposal.
2. Issue Rule, returnable forthwith. Mr. Ishan Joshi,
learned Assistant Government Pleader waives service of notice
of rule on behalf of the respondent No.1 and Mr. Kshitij M.
Amin, learned Central Government Standing Counsel waives
service of notice of rule on behalf of the respondent No.2.
3. The writ-applicant by way of the present writ-
C/SCA/6229/2022 ORDER DATED: 02/05/2022
application under Article-226 of the Constitution of India, has
prayed for the following reliefs:
"(A) Your Lordships may be pleased to admit
and allow this petition;
(B) Your Lordships may be pleased to issue a
writ of mandamus or any other appropriate writ,
order or direction, directing respondent No.2
(Regional Passport Officer) to issue fresh passport
to the petitioner as valid for a period of 10 years
from the date of its issuance or any limited
duration as deemed fit to the conscience of this
Hon'ble Court;
(C) Pending admission, hearing and final
disposal of this petition, Your Lordships may be
pleased to direct the concerned respondents not to
take any coercive action-steps under the Passport
Act, 1967;
(D) Your Lordships may be pleased to pass
such other and further relief/s that may be deemed
fit and proper in the facts and circumstances of
the case."
4. The writ-applicant herein intends to visit abroad,
hence, the writ-applicant has approached the respondent No.2
for the purpose of issuance of fresh passport, by preferring on-
line application dated 16.08.2021 (pg.13). On 03.09.2021, the
writ-applicant received a communication addressed by the
C/SCA/6229/2022 ORDER DATED: 02/05/2022
respondent no.2, whereby, the writ-applicant was directed to
furnish explanation with certified copy of judgment passed by
the Court or the permission of the Court with regard to the
pendency of one criminal case in the nature of FIR being C.R.
No. II-93 of 2014 registered with Detroj Police Station, District:
Ahmedabad. On 20.10.2021, the writ-application preferred an
application under the Right to Information Act, 2005 before
the concerned Police Station. Accordingly, the certified copy of
the FIR and charge-sheet counter has been provided to the
writ-applicant.
5. Mr. Trivedi, learned counsel appearing for the writ-
applicant submitted that the criminal case was registered with
Detroj Police Station, Ahmedabad Rural in connection with the
F.I.R. being C.R. No. II-93 of 2014, the status of the F.I.R.
when was sought, it was found that the case of the writ-
applicant is neither pending before the court at Detroj nor
before the Viramgam Court. Be that as it may, passport can be
issued for a limited duration thereof in a way of Section 6(2)(f)
of the Passport Act, an exemption is granted, in cases, in
C/SCA/6229/2022 ORDER DATED: 02/05/2022
which there are proceedings in respect of an offence alleged to
have been committed by the writ-applicant is pending before a
criminal court in India, by notification dated 25.08.1993.
6. On the other hand, Mr. Kshitij M. Amin, learned
Central Government Standing Counsel appearing for the
respondent No.2 submitted that the case of the writ-applicant
would be considered in line with the notification dated
25.08.1993 which would be in force for adjudication of the
application preferred by the writ-applicant.
7. Heard the learned counsel appearing for the
respective parties.
8. At this stage, the notification dated 25.8.1993 issued
by the Ministry of External Affairs, is worth referring to. The
notification, has been issued in exercise of the powers under
Clause A of Section 22 of the Passport Act, inter alia,
providing that in the interest of public at large, the citizens,
be exempted, against whom the proceedings in respect of an
offence alleged to have been committed by them are pending
C/SCA/6229/2022 ORDER DATED: 02/05/2022
before the Criminal Court. The relevant extracts of the
notification dated 25.8.1993 read thus:-
"In exercise of the powers conferred by clause (a) of
Section 22 of the Passports Act 1967 (15 of 1967) and in
supersession of the notification of the Government of
India in the Ministry of External Affairs No.G.S.R.298(E),
dated the 14th April 1976, the Central Government,
being of the opinion that it is necessary in public
interest to do so, hereby exempts citizens of India
against whom proceedings in respect of an offence
alleged to have been committed by them are pending
before a criminal court in India and who produce orders
from the court concerned permitting them to depart
from India, from the operation of the provisions of
Clause (f) of sub- section (2) of Section of the said Act,
subject to the following conditions, namely:-
(a) the passport to be issued to every such citizen shall
be issued--
(i) for the period specified in order of the court referred
to above, if the court specifies a period for which the
passport has to be issued; or
(ii) if no period either for the issue of the passport or
for the travel abroad is specified in such order, the
passport shall be issued for a period one year;
(iii) if such order gives permission to travel abroad for a
period less than one year, but does not specify the
period validity of the passport, the passport shall be
issued for one year; or
(iv) if such order gives permission to travel abroad for a
period exceeding one year, and does not specify the
validity of the passport, then the passport shall be
issued for the period of travel abroad specified in the
order.
C/SCA/6229/2022 ORDER DATED: 02/05/2022
(b) any passport issued in terms of (a) (ii) and (a) (iii)
above can be further renewed for one year at a time,
provided the applicant has not travelled abroad for the
period sanctioned by the court; and provided further
that, in the meantime, the order of the court is not
cancelled or modified;
(c) any passport issued in terms of (a)(i) above can be
further renewed only on the basis of a fresh court order
specifying a further period of validity of the passport or
specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing
to the passport issuing authority that he shall, if
required by the court concerned, appear before it at any
time during the continuance in force of the passport so
issued."
9. In view of the aforesaid submissions made by the
learned counsel appearing for the respective parties and
considering the contents of the notification dated 25.8.1993,
the ends of justice would meet if the respondent no.2, is
directed to decide the application of the writ-applicant dated
16.08.2021 (pg.-13) within a period of four weeks' from the
date of the receipt of the order and the respondent no.2, is
directed to issue the passport to the writ-applicant with a
validity period of five years in terms of the notification dated
25.8.1993. The decision, be communicated to the writ-
applicant within a period of one week thereafter.
C/SCA/6229/2022 ORDER DATED: 02/05/2022
10. With the above directions, the present petition is
disposed of. Rule is made absolute to the aforesaid extent. No
order as to costs.
Direct service is permitted.
(VAIBHAVI D. NANAVATI,J)
Pradhyuman
