Gujarat High Court

Abdullatif Husainbhai Teeljiwala vs Union Of India, Ministry Of External ... on 13 February, 2024

Author: Vaibhavi D. Nanavati

Bench: Vaibhavi D. Nanavati

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     C/SCA/21918/2023                                ORDER DATED: 13/02/2024

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       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CIVIL APPLICATION NO. 21918 of 2023

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            ABDULLATIF HUSAINBHAI TEELJIWALA
                          Versus
     UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS
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Appearance:
MR AMIT N PATEL(2749) for the Petitioner(s) No. 1
MS SANGNA KANSAGRA(9378) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 13/02/2024

                                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. Ms. Sangna

Kansagra, learned Central Government Standing Counsel waives

service of Rule for and on behalf of the respondent No.2.

3. The petitioner by way of the present petition under

Article-226 of the Constitution of India, has prayed for the

following reliefs:

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"(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 renew passport of the petitioner bearing passport no. T 5934322 annexed at ANNEXURE-A as valid for a period of 10 years from the date of its expiry as deemed fit to this Hon'ble Court;

(C) 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."

4.1. Mr. Amit N. Patel, learned advocate appearing for the

petitioner submitted that the petitioner herein intends to visit

abroad for business purpose and for the said purpose, approached

the respondent no.2 for renewal of passport bearing No. T

5934322, which had expired on 22.05.2020, for which the

petitioner made an application dated 13.11.2023 before the

respondent no.2 filling up the requisite details vide Application

No. AH2078822573223, which is duly produced at Annexure-A.

4.2. Pursuant to the said application, petitioner received a

communication dated 29.11.2023 from the respondent no.2,

whereby, the passport authority sought for certain information

and petitioner was called upon to furnish the same with Court's

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judgment and /or Court's permission.

4.3. Mr. Patel, learned advocate submitted that the present

petitioner is co-accused in F.I.R. No. 40 of 2018 dated

28.03.2018 registered with Gaikwad Haveli Police Station,

Ahmedabad for the offences punishable under Section 387 and

114 of the Indian Penal Code filed by the complaint, who is of

the same community of petitioner and are residing in same

Mohalla. Mr. Patel, learned advocate further submitted that the

charge-sheet has been filed and the Criminal Case No. 60156 of

2018 is pending.

4.4. Mr. Patel, learned advocate submitted that the present

petitioner is co-accused in F.I.R. No. 43/2017 dated 29/05/2017

registered with Gaikwad Haveli Police station, Ahmedabad u/s

384, 385, 323, 294(b), 506(2), 114 of IPC and 135(1) of GP Act

filed by the complainant, who is of same community of

petitioner. That charge-sheet had been filed and the Criminal

Case No. 22545 of 2019 is pending. The present petitioner is

also co-accused in FIR no. 3121/2019 dated 14/03/2019 registered

with Gaikwad Haveli Police station, Ahmedabad u/s 323, 294(b),

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506(1) and 114 of IPC filed by the complainant, who is of same

community of petitioner. The present petitioner along with the

other co-accused had filed quashing petition seeking quashing of

the said FIR no. 3121/2019 vide Criminal Misc. Application No.

6253 of 2019, in which the Court was pleased to pass an order

dated 25/04/2019, inter-alia, granted "there shall be No Coercive

action taken against the petitioners" and hence, the present

petitioner was protected by the said order. Mr. Patel, learned

advocate submitted that one complaint No. 49243 of 2018 was

also filed against the petitioner herein under Section 138 of the

Negotiable Instrument Act and the said complaint is pending. In

the said complaint, petitioner had filed regular bail application

vide Cri. M.A. No. 46 of 2020 and while granting bail to the

petitioner, the trial Court had passed an order, directing the

petitioner to deposit the said passport No. T 5934322 in the

Court. In the said complaint, petitioner herein filed an

application being Criminal Misc. Application No. 7116 of 2023

before the trial Court for getting his passport for renewal. Mr.

Patel, learned advocate submitted that vide order dated

11.09.2023 the trial Court was pleased to release the passport of

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the petitioner for renewal.

4.5. In light of the aforesaid, it was submitted that

petitioner's application seeking renewal be considered, in line

with the Notification issued by the Ministry of External Affairs,

Central Government dated 10.10.2019.

5.1. Ms. Sangna Kansagra, learned Central Government

Standing Counsel appearing for the respondent no.2 submitted

that, in view of the fact on inquiry, it came to the knowledge of

the respondent no.2 with regard to the pendency of the criminal

cases / complaints registered against the petitioner herein, i.e.

C.R. No. I-43 of 2017, C.R. No. I-40 of 2018 and C.R. No. II-

3121 of 2019 all registered with Gaikwad Haveli Police Station,

Ahmedabad. In view of aforesaid, the said application is not

proceeded. However, if the requisite documents / details have

placed before the respondent authority and the Court, so directs

the same would be considered by the respondent authority, for a

period of five years in accordance with law.

6. Heard the learned counsel appearing for the respective

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parties.

7. At this stage, the Notification dated 10.10.2019 issued

by the Ministry of External Affairs, is worth referring to. Para-2

of the Notification issued by Central Government, Ministry of

External Affairs bearing No.VI/401/1/5/2019 dated 10.10.2019,

reads thus :-

"2. GSR 570(E) dated 25.8.1993 is reproduced below for reference:

GSR 570(E) - 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. GSR 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 subsection (2) of Section 6 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 nhove, if the court specifies a period for which the passport has to be issued; or .

(ii) if no period either jor the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of 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;

(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.

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(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 given 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."

8. Having heard the learned advocates appearing for the

respective parties, considering the fact that the petitioner intends

to travel abroad and the petitioner's passport bearing No. T

5934322 has expired on 22.05.2020, the petitioner applied for

renewal of passport on 13.11.2023, which came to be objected

by the respondent authority vide communication dated

29.11.2023 seeking certain clarification as mentioned in the said

communication. Considering the Central Government Notification

dated 10.10.2019, the respondent authority to consider the

petitioner's renewal application of passport, in the interest of

justice. It is further directed to renew the passport of the

petitioner bearing no. T 5934322 with a validity period of five