application No.CO3066400882124 dated 27.03.2024. The prayer in
2. A counter affidavit is filed by the 1st respondent, which
"Has the applicant indulged or likely to indulge in activities which
are prejudicial to the sovereignty and integrity of India, the security
of India, friendly relations of India with any foreign country or the
interests of the general public? " by entering the remark:
"Applicant had a case in MUVATTUPUZHA PS CR 704/2010 U/S 143,
147, 48, 120(b), 341, 427, 323, 324, 326, 506(ii), 201, 202, 153 A, 307 r/w
149 IPC & SEC 3 EXPLOSIVE ACT AND UAPA ACT 1967 (hand
chopping case of Professor at Muvattupuzha). The Applicant, A4 was
acquitted by the special court NIA for want of evidence. The discreet
enquiry report submitted on No.2193/SBA/2024/ER Dated 10.09.2024.
The application is not recommended considering interests of
general public.".
2025:KER:78492
5. It is submitted that altogether 3 police verifications were
initiated in the petitioner's file and on each occasion, the
police authorities submitted an adverse verification report
implying that issuance of passport to the petitioner is not
recommended.
6. In addition, this respondent received a communication
dated 10/09/2024 from the DySP, District Special Branch,
Ernakulam Rural in which very serious observations are
made regarding the petitioner. A true copy of the Lr. No.
2193/SBA/2024/ER dated 10/09/2024 is produced herewith
and marked as Exhibit R1(a).
7. It is submitted that though the petitioner has been
acquitted for want of evidence in the Sessions Case 1/2015
by the Special Court for the Trial of NIA Cases, Ernakulam,
the ground reports submitted by the police raise serious
reservations regarding the inclinations of the petitioner.
Therefore, in order to arrive at an appropriate decision, a
final show cause notice has been issued to the petitioner
vide SCN/321160275/25 dated 19/03/2025 giving him an
opportunity for personal hearing to answer the allegations
raised by the police authorities.
8. Further to the show cause notice SCN/321160275/25
dated 19/03/2025 issued by this office, the applicant
submitted his reply dated 20/03/2025 by post. He did not
avail the opportunity given to him for personal hearing.
His explanations did not address the specific allegations
raised against him by the police authorities in their report
and hence his reply was found insufficient and
unconvincing for this respondent to take a favourable
decision with regard to issuance of passport. Hence his
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application for passport was refused and a speaking order
vide CO3066400882124 dated 08/04/2025 was issued to him
with a provision to appeal against the same to the Joint
Secretary (PSP) & Chief Passport Officer, New Delhi within
a period of 30 days from the date of receipt of the copy of
the Order. A true copy of the order bearing No.
CO3066400882124 dated 08/04/2025 is produced herewith
and marked as Exhibit R1(b). Due to this reason also, the
present Writ Petition is not maintainable as the
petitioner's application for passport has already been
refused and he has an alternate remedy to challenge the
same."
3. Since it was submitted that the petitioner's application
for a passport was rejected as per Ext.R1(b) dated 08.04.2025, this
Court, on 10.09.2025, directed the 1st respondent to file a statement
as to whether the same was served on the petitioner. Accordingly,
an additional counter affidavit was filed, which reads as follows:-
"3. It is most humbly submitted that Exhibit R1(b) order
dated 08.04.2025 was communicated to the petitioner
herein through speed post, which was dispatched on
09.04.2025 itself. The said communication was not
returned undelivered to this office and thus it is presumed
to be delivered on the petitioner on his address as
mentioned in the Writ Petition itself, as per relevant legal
principles. The dispatch details as recorded in the files of
this respondent containing the tracking number for the
said communication is produced herewith and marked as
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Exhibit R1(c)."
4. A statement has been filed on behalf of the State
Government as follows:-
"3. It is submitted that the above said
application was filed by the petitioner for a fresh passport
on 27.03.2024 at Passport Seva Kendra, Aluva.
Subsequently the same was forwarded to District Special
Branch, Erakulam Rural for police verification. It may be
noted that petitioner herein is the 4th accused in Crime No.
R.C.No.1/2011/NIA/DLI U/s. 143, 147, 120B, 148, 201, 202,
212, 341, 427, 323, 324, 326, 506(ii), 153A, 307 r/w 149 and
120B of IPC, Section 3 and 6 of Explosive Substance Act,
1908 and Section 16, 18 & 20 of UA(P) Act, 1967. (SC No.
1/2015 NIA). This case is popularly known as "hand
chopping case" of Professor T J Joseph of
Muvattupuzha. The incident had shocked the general
public and conscience of the common man in the country
and it was a highly sensational case. In this case
Honourable NIA Special Court, Ernakulam conducted
investigation and filed final report, offences punishable
under sections 143, 341, 427, 323, 324, 326, 506(ii), 153A,
201, 307 of IPC, Section 3 of the Explosive Substance Act
with the aid of Section 120B, besides Sections 15 r/w 16
and Section 20 of the UA(P) Act. The case against the 4 th
accused/petitioner was acquitted by the trial Court on 13 th
July 2023. It is pertinent to note that the accused were the
then leaders/active members of the Popular Front of India
(PFI) and the Social Democratic Party of India (SDPI).
4. It is submitted that the passport application of the
2025:KER:78492
petitioner was duly forwarded to District Special Branch
and the same was duly forwarded for field verification to
Kuruppampady Police Station, the jurisdictional police
station in which the petitioner resides. It is to be noted
that in the police verification report part B which
comprises the criminal back ground check, there is a
specific question serially numbered as 6.
"Has the applicant indulged or likely to indulge in
activities which are prejudicial to the sovereignty and
integrity of India, the security of India, friendly relation of
India with any foreign country or interest of general public
(if yes give details)".
5. The answer to this question in the
verification report by the special branch was 'Yes' and the
details were mentioned as
"He had a case in Muvattupuzha PS Cr.704/2010 U/s 143,
147, 148, 120B, 341, 427, 323, 324, 326, 506(i), 201, 202, 153A,
307 read with 149 IPC, Sec 3 of Explosive Act and sec UAPA
Act 1967 (He was accused 4th)In this case, he was acquitted
by the Special Court for the Trial of NIA case Ernakulam
on 13.07.2023.
6. Part B Column was answered against the
petitioner for the reason that petitioner is an active
follower of SDPI (Social Democratic Party of India) which
is a political front of PFI (Popular Front of India) banned
by the Government of India on 27-09-2022 under UAPA
Act 1967. He is kept in continuous surveillance and
observation by the District Intelligence Wing. The police
verification report has been submitted to the 1 st
respondent on three occasions on 01.04.2024, 18.06.2024
and 08.08.2024 which were on first application and
subsequent re-verification.
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7. It is submitted that the petitioner had filed a
petition before the District Police Office, Ernkulam Rural
on 09.09.2024 with a submission to consider his passport
application which was pending for more than six months
due to adverse report from the police. And the same
registered as No.152860401-204-5-01808 and duly
forwarded to the District Special Branch, the intelligence
wing of District Police Chief for enquiry and report. The
special branch filed a report as No.2151/SBA/2024/ER
dated 11.09.2024 that the petitioner is involved as the 4 th
accused in the Crime R.C.No.1/2011/NIA/DLI and even if
the case against the petitioner was acquitted for want of
evidence, the petitioner is an active follower of SDPI
(Social Democratic Party of India) a political front of PFI
(Popular Front of India) banned by the Government of
India on 27.09.2022. He is subjected to continuous
observation by the Intelligence Wing.
8. It is highly pertinent to note that in the
report by the Deputy Superintendent of Police, District
Special Branch, Ernakulam Rural as
No.2193/SBA/2024/ER dated 10-09-2024, forwarded to the
1st respondent that "Even if he was acquitted from the case on
account of the privilege, mainly for the fail of recovery of the
material evidence. It is learnt that he has yet to be reformed from his
extremist thoughts. He is subjected to be under continuous
observation for his further move, for this, District intelligence cell
has already enlisted him and is under covert observation.
Considering the above facts, he is not fulfilling the conditions of the
Part B(6) of the passport verification report. Hence his application
for the passport was not recommended from this end".
9. It is submitted that the petitioner is not fulfilling the
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conditions of the Part B(6) of the passport verification
report. It is to be noted that as per Section 6 (2) (b), (d) of
the Passport Act, 1967 the petitioner is automatically
disentitled to get a passport in view of the same. The
special report No.2193/SBA/2024/ER dated 10.09.2024 by
the Deputy Superintendent of Police. District Special
Branch, Erakulam Rural was submitted to the 1 st
respondent. It is also submitted that issuing the passport
is the realm of the 1st respondent and all the action taken
by this respondent is in good faith and relying on the
intelligence report."
5. Though the learned counsel for the petitioner stoutly
opposes the contentions of the respondents on the ground that he
was acquitted in the trial, I am not inclined to consider the writ
petition on its merits at this stage as the petitioner has an effective
alternate statutory remedy under Section 11 of the Passports Act,
1967, before the Joint Secretary (PSP) & Chief Passport Officer,
Ministry of External Affairs, PSP Division, Patiala House Annexe,
Tilak Marg, New Delhi- 110001.
6. If the petitioner prefers an appeal against Ext.R1(b)
order dated 08.04.2025 within thirty days from today, the same
shall be considered on its merits and with notice to the petitioner.
Orders as directed above shall be passed by the Appellate Authority
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within two months from the date of receipt of an appeal from the
petitioner.
7. It will be open to the petitioner to raise all his
contentions to substantiate his entitlement, which shall be
adverted to while passing orders as directed above.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
Anu
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APPENDIX OF WP(C) 9473/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PASSPORT APPLICATION
DATED 27.03.2024
Exhibit-P2 A TRUE COPY OF THE APPOINTMENT RECEIPT
Exhibit-P3 A TRUE COPY OF THE LETTER DATED
24.07.2024 ISSUED BY THE 1ST RESPONDENT
Exhibit-P4 A TRUE COPY OF THE RELEVANT PAGES OF
THE JUDGMENT DATED 13.07.2023 IN
S.C.NO.1/2015 IN THE SPECIAL COURT FOR
THE TRIAL OF NIA CASES, ERNAKULAM
Exhibit-P5 A TRUE COPY OF THE REPRESENTATION DATED
09.09.2024 SUBMITTED TO THE 3RD
RESPONDENT
Exhibit-P6 A TRUE COPY OF THE PRESENT STATUS OF
THE PETITIONER'S PASSPORT APPLICATION
ON THE PASSPORT SEVA WEBSITE
Exhibit P7 TRUE COPY OF THE LETTER DATED
18.03.2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE REPLY LETTER DATED
20.03.2025 ISSUED BY THE PETITIONER TO
THE 1ST RESPONDENT
EXHIBIT P9 THE TRUE COPY OF THE TRACK CONSIGNMENT
OBTAINED FROM PORTAL OF INDIA POST
RESPONDENT EXHIBITS
EXHIBIT R1(B) TRUE COPY OF THE ORDER BEARING NO.
CO3066400882124 DATED 8.4.2025
EXHIBIT R1(A) TRUE COPY OF THE LR. NO,
2193/SBA/2024/ER DATED 10.9.2024
EXHIBIT R1 (C) TRUE COPY OF THE DISPATCH DETAILS AS
RECORDED IN THE FILES OF THE 1ST
RESPONDENT CONTAINING THE TRACKING
NUMBER
