Yosaf Haji Parancheri vs Regional Passport Officer
2021 Latest Caselaw 3682 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE A.M.BADAR

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        WP(C).No.852 OF 2021(F)


PETITIONER/S:

                YOSAF HAJI PARANCHERI,AGED 66 YEARS
                S/O ALAVI HAJI, PARANCHERI HOUSE, POOKKOTTUR,
                VALUVAMBURAM P O, PULLARA, MALAPPURAM, KERALA-673642.

                BY ADVS.
                SRI.MANU TOM
                SRI.K.R.JITHIN
                SHRI.BALAMURALI K.P.
                SHRI.SHAJI T.M.

RESPONDENT/S:

      1         REGIONAL PASSPORT OFFICER, KOZHIKODE,
                ERANHIPALAM POST, KOZHIKODE, KERALA-673006.

      2         THE CHAIRMAN
                MINISTRY OF EXTERNAL AFFAIRS,
                F-5 STREET G, JAWAHAR LAL NEHRU UNIVERSITY,
                OLD JNU CAMPUS, MUNIRKA, NEW DELHI, DELHI-110067.

      3         NATIONAL INVESTIGATING AGENCY(NIA)
                KOCHI, GIRINAGAR HOUSING COLONY,
                GIRINAGAR HOUSING SOCIETY, GIRINAGAR, KADAVANTHRA,
                KOCHI, KERALA-682020.

                R1-3 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.852 OF 2021               2



                              JUDGMENT

Dated this the 2nd day of February 2021

By this writ petition, the petitioner is praying for quashing

the order at Ext.P4 letter dated 14.12.2020 issued by the Regional

Passport Office, Kozhikode, thereby impounding the passport of

his son in exercise of powers under Section 10(3)(h) of the

Passport Act, 1967.

2. Learned counsel appearing for the petitioner submitted

that reasonable opportunity of hearing was not granted to the

petitioner, prior to passing the impugned order at Ext.P4. It is

further argued that the order impounding the passport is signed

for and on behalf of the Regional Passport Officer, Kozhikode and

therefore, it is not legally sustainable. Learned counsel appearing

for the petitioner further submitted that it is settled law that

reasonable opportunity of hearing needs to be granted while

impounding the passport and the passport cannot be impounded

without assigning any reason, in an arbitrary manner.

3. Learned Assistant Solicitor General of India appearing

for the respondents opposed the contentions of the petitioner and

justified the action of impounding of the passport by contending

that Non Bailable Warrant has been issued against petitioner's

son and therefore, the authorities are perfectly justified in

impounding the passport by following due process of law .

4. I have considered the submissions so advanced and

also perused the materials placed before me.

5. It is seen from the records that on 20.11.2020, a show

cause notice (Ext.P1) came to be issued by the Regional Passport

Officer, Kozhikode, directing one Ramsan Parancheri, i.e.,

petitioner's son to show cause as to why his passport should not

be impounded. The show cause notice at Ext.P1 in clear terms

states that the National Investigating Agency, Kochi has informed

the office that Non-Bailable Warrant of arrest has been issued

against the petitioner's son by the Special Court, NIA, Kochi, he

being accused in NIA Case No.RC-02/2020/NIA/KOC. The

petitioner was directed to submit suitable explanation and

clarification within ten days of the receipt of the letter. Necessary

provision of law was also quoted in the show cause notice. In

other words, it is clear that the petitioner's son was made aware

of the case against him requiring impounding of his passport.

6. The petitioner's son has duly replied this show cause

notice by his reply at Ext.P2 and has contended that he is willing

to appear and attend any proceedings before the NIA Special

Court, Kochi and he will abide by the directions issued by the said

court. It is further averred in that reply that the he has been

abroad much prior to the alleged issuance of warrant against him

by the NIA Special Court, Kochi and therefore the proposed action

is invalid and illegal.

7. Issuance of show case notice and eliciting reply from

the petitioner is sufficient compliance of principles of natural

justice. In the case in hand, the petitioner's son is not even

disputing the fact that he is arraigned as an accused in the

Special case instituted as a result of investigation conducted by

the National Investigating Agency for offences punishable under

Sections 16,17 and 18 of the Unlawful Activities (Prevention) Act,

1967. The said court had issued Non-Bailable Warrant of arrest

against the petitioner and that warrant is pending execution.

8. Section 10(3)(h) of the Passport Act, 1967 reads thus:-

''(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document:-

(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a Court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such Court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.''

It is thus clear that Non-Bailable Warrant of arrest issued by the

Special Court, NIA, Kochi is pending for execution and this fact

entails the passport authority to impound the passport of the

petitioner.

9. It is thus clear that by issuing show cause notice and

calling explanation of the petitioner, principles of natural justice

are duly followed by the passport authority. The impugned action

of impounding the passport is perfectly within four corners of law

as revealed from the provisions of Section 10(3)(h) of the

Passport Act, 1967. Signing the letter authorising the impounding

of the passport for and on behalf of the Regional Passport Officer,

Kozhikode cannot make the impugned action illegal.

In the result, the writ petition fails and the same is

dismissed.

Sd/-

                                                  A.M.BADAR
ajt                                                  JUDGE





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE SHOW CAUSE NOTICE DATED
                       20/11/2020.

EXHIBIT P2             TRUE COPY OF THE REPLY DATED 27/11/2020
                       ISSUED BY THE COUNSEL TO SCN DATED
                       20/11/2020.

EXHIBIT P3             TRUE COPY OF ACKNOWLEDGEMENT CARD RETURNED
                       TO THE COUNSEL DATED 02/12/2020.

EXHIBIT P4             TRUE COPY OF THE INTIMATION OF PROPOSED
                       IMPOUNDING OF PASSPORT OF RAMSAN DATED

14/12/2020 ISSUED BY THE REGIONAL PASSPORT OFFICE, KOZHIKODE.