Rajasthan High Court - Jodhpur
Mohammed Isarak vs State Of Rajasthan on 2 November, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1257/2022
Mohammed Isarak S/o Mohammed Yusuf @ Lal Khan, Aged
About 35 Years, B/c Kayamkhani R/o Ward No. 05, Athuna
Mohalla Distt. Churu.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. M.S. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
02/11/2022
Learned counsel for the petitioner has moved this stay
application seeking permission of this Court for issuance of
passport/passport renewal.
Learned counsel for the petitioner has shown the judgment
passed by the Hon'ble Apex Court in Vangala Kasturi
Rangacharyulu Vs. Central Bureau of Investigation
(Criminal Appeal No(s).1342/2017) decided on 27.09.2021,
which reads as follows:
"The applicant was convicted for offences punishable
under Sections 120-B,420, 468, 471, 477 A of the Indian
Penal Code read with Section 13 (2) read with Section 13 (1)
of the Prevention of Corruption Act, 1988. The appeal filed by
him was dismissed by the High Court. However, the sentence
was reduced to a period of one year.
The application for exemption from surrendering filed by
the applicant was allowed. Leave was granted in the criminal
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appeal filed by the applicant on 12.07.2017. The appeal is
pending consideration.
In the meanwhile, the applicant has filed this application
for a direction to the respondent to give no objection for
renewal of his passport which expired on 12.11.2017. The
applicant has contended that the application filed by him for
renewal of passport was not considered. In spite of his
repeated efforts, including filing of an application under the
Right to Information Act, he was not informed the reason for
non renewal of his passport. It is averred in the application
filed for direction that the application was orally informed that
the renewal of the passport was not being done due to the
pendency of the criminal appeal in this Court.
Mr. J.K.Sud, learned Additional Solicitor General
appearing for the respondent oppose the application and
submitted that renewal of passport can be only after
application obtains permission from the concerned trial court.
He referred to Section 6.2 of the Passport Act, 1967 and
argued that the passport authority has the power to refuse
issuance of the passport in view of the pendency of the
criminal appeal filed by him. He submitted that sub-Section 6.2
(e) and (f) of the Passport Act, 1967 would be applicable to
this case and the applicant is not entitled to seek renewal
passport without obtaining permission from the trial court.
Section 6.2 of the Passports Act, 1967 reads as follows:
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(2) Subject to the other provisions of this Act, the passport
authority shall refuse to issue a passport or travel document
for visiting any foreign country under clause (c) of sub-section
(2) of section 5 on any one or more of the following grounds,
and on no other ground, namely: -
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside
India in activities prejudicial to the sovereignty and
integrity of India.,
(c) that the departure of the applicant from India may, or
is likely to, be detrimental to the security of India;
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(d) that the presence of the applicant outside India may,
or is likely to, prejudice the friendly relations of India with
any foreign country;
(e) that the applicant has, at any time during the period
of five years immediately preceding the date of his
application, been convicted by a court in India for any
offence involving moral turpitude and sentenced in
respect thereof to imprisonment for not less than two
years;
(f) that proceedings in respect of an offence alleged to
have been committed by the applicant are pending
before a criminal court in India;
(g) that a warrant or summons for the appearance, or a
warrant for the arrest, of the applicant has been issued
by a court under any law for the time being in force or
that an order prohibiting the departure from India of the
applicant has been made by any such court;
(h) that the applicant has been repatriated and has not
reimbursed the expenditure incurred in connection with
such repatriation;
(i) that in the opinion of the Central Government the
issue of a passport or travel document to the applicant
will not be in the public interest.
The refusal of a passport can be only in case where an
applicant is convicted during the period of 5 years immediately
proceeding the date of application for an offence involving
moral turpitude and sentence for imprisonment for not less
than two years.
Section 6.2 (f) relates to a situation where the applicant
is facing trial in a criminal court.
Admittedly, at present, the conviction of the appellant
stands still the disposal of the criminal appeal. The sentence
which he has to undergo is for a period of one year. The
passport authority cannot refuse the renewal of the passport
on the ground of pendency of the criminal appeal.
The passport authority is directed to renew the passport
of the applicant without raising the objection relating to the
pendency of the criminal appeal in this Court. Subject to the
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other conditions being fulfilled, the Interlocutory Application
stands disposed of."
Learned Public Prosecutor was directed to file a general
report about conduct of the present petitioner, upon which, a
report dated 20.10.2022 has been filed, in which the petitioner's
general conduct has been observed to be good and there are no
other criminal antecedents of the petitioner except for the present
case. The said factual report is taken on record.
On conjoint reading of the precedent law of Vangala
Kasturi Rangacharyulu (supra) as well as the present facts and
circumstances, the present stay application is disposed of while
directing the Passport Authority to renew/grant passport to the
applicant without raising objection relating to the pendency of the
present criminal revision in this Court subject to the other
conditions being fulfilled.
(DR.PUSHPENDRA SINGH BHATI), J.
22-nirmala/-
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