Sai Kumar Reddy Baddam vs Union Of India
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Telangana High Court

Sai Kumar Reddy Baddam vs Union Of India on 18 March, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                      W.P. No.7024 of 2024
ORDER:

Heard Mr.D.Rama Krishna, learned counsel

appearing on behalf of the petitioner and Sri Gadi

Praveen Kumar, learned Deputy Solicitor General of

India appearing on behalf of the respondents.

2. The Petitioner approached the Court seeking

prayer as under :

"...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the respondent in renewing the passport X8773946 of the petitioner for a period of one year only as illegal, arbitrary, unjust, unreasonable and in violation of Articles 19(1)(d) and 21 of the Constitution of India and declare the action of the Respondents in renewing the passport of the petitioner for one year only as illegal, arbitrary and in violation of Articles 19(1)(d) and 21 of the Constitution of India and consequently, direct the respondents to issue passport to the petitioner for a period of 10 years to the petitioner in the interest of justice and pass such other order or orders as this Honorable Court may deem fit and proper in the facts and circumstances of the case

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and pass such other order or orders may deem fit and proper in the circumstances of the case."

3. The case of the Petitioner, in brief, as per the

averments made by the petitioner in the affidavit filed

by the petitioner in support of the present Writ Petition

are as follows:

a) The petitioner was issued Passport bearing No.

K1848889 on 09.03.2012 which is valid up to 08.03.2022 by

respondent No.2. As the petitioner's passport was about to

expire, an application for its renewal was filed vide File

No.HYD75C5070162922 dated 12.09.2022 and the same was

pending. The 2nd respondent, vide letter dated 18.11.2022

sought clarification for some queries from the petitioner.

Though the cases were under trial, the respondent No.2 has

refused the passport service under Section 5(2)(c) of the

Passport Act, 1967 vide letter dated 14.12.2022 Aggrieved

by the action of respondent No.2, the petitioner filed

W.P.No.3278 of 2023 before this Court and the same is

disposed of on 07.02.2023 directing the respondents to renew

his passport forthwith. While complying the orders of this

Court, respondents issued new passport bearing

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No.X8773946 with a validity of one year only i.e., 16.05.2023

to 15.05.2024 instead of ten years. Aggrieved by the validity

period of the passport, petitioner filed the present writ

petition.

PERUSED THE RECORD.

DISCUSSION AND CONCLUSION:

4. A bare perusal of the contents of the order dated

07.02.2023 passed by this Court in W.P.No.3273 of 2023

indicates that, the petitioner is accused in C.C.No.3674 of

2022 pending on the file of the II Additional Junior Civil

Judge-cum-II Additional Metropolitan Magistrate, L.B. Nagar

and the offences alleged against the petitioner are punishable

under Sections 447, 427 and 506 read with 34 of IPC and this

Court directed the respondents to renew petitioner's passport

forthwith vide order dated 07.02.2023. However, the

respondent authorities renewed the passport of the petitioner

with a validity of one year though the petitioner is always

available to the police and would cooperate with the

investigation. It is the specific case of the petitioner that that

petitioner's passport should be renewed for a period of ten

years.

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5. This Court earlier had an occasion to consider the

Gazette Notification issued by the Central Government

vide GSR No.570 (E) dated 25.08.1993 wherein

instructions were issued to renew the passport only for

a period of one year, in case where criminal cases are

pending, if no time frame is mentioned by the Courts.

This Hon'ble Court, while interpreting the provisions of

the said Gazette Notification and Rule 12 of Passport

Rules 1980, has held that Passports shall be renewed

for a period of ten years in accordance with Rule 12 of

the Passport Rules, 1980. The relevant portion of the

order dated 18.04.2022 passed in W.P.No.11674 of

2022 in particular paras 7, 8, 9 and 10, read as under:

"7. Having regard to the rival contentions and the material on record, it is noticed that where there is criminal case pending against an Indian citizen who is seeking issuance or renewal of passport, the Government of India Notification in GSR 570(E) dt.25.08.1993 is applicable. Accordingly, the petitioner has approached the criminal Court by filing Crl.M.P.No.234 of 2020 and the criminal Court has allowed the Crl.M.P. by directing renewal of passport only for the period the petitioner is eligible. As per the

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Passport Act and the Rules framed thereunder, a citizen is entitled for issuance of an ordinary passport for a period of 10 years and thereafter, the passport holder will have to make appropriate application for renewal of the passport which is again extendable for a further period of 10 years. The Sessions Judge in the order dt.27.10.2020 has observed that pendency of criminal case against W.P.No.11674 of 2022 7 the petitioner cannot be a ground for denying his right to renew his passport. However, it is observed that it should be given only for the period he is eligible. (emphasis supplied by this Court). The usage of word 'eligible connotes that the extension may be for regular period of 10 years as provided in the rules. The judgments on which the petitioner has placed reliance upon are on similar set of facts.

8. In all of those cases, the petitioners therein were frequent travellers and the relevant criminal Court therein had directed for renewal of passport in accordance with the prescribed Rules. As the prescribed Rules permit issuance of passport for 10 years, the Courts have held in favour of the petitioners therein. Therefore, in the case before this Court, as the language used by the Magistrate/Judge is 'eligible', the petitioner is also eligible to be issued passport for a period of 10 years.

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9. In view of the same, this Court deems it fit and proper to direct the respondents to issue the passport for a period of 10 years under Section 10 of the Passports Act.

10. The Writ Petition is accordingly allowed. No costs."

Similar view had been taken by this Court vide its

order dated 10.11.2023 passed in W.P.No.17965 of

2023.

6. The Division Bench of Bombay High Court in the

Judgment dated 13.03.2014, reported in 2014 SCC

OnLine Bom 356 in "Narendra K. Ambwani v. Union of

India", observed at Paragraph Nos.6 and 7, as under:

"6. This court held that the Rules have been framed under the Passport Act and under Rule 12, a passport other than for a child aged more than 15 years, shall be in force for a period of 10 years or 20 years as the case may be from the date of its issue.

7. In the present case, the Respondents contended that the order of the learned Magistrate did not specify the period for which the passport is issued and in the light of Notification dated 23rd August, 1993 (Annexure "6" to the petition), the passport of the citizen against

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whom the proceedings are pending in the criminal court in India, shall be issued for a period specified by the court and if no period is specified, the passport shall be renewed for a period of one year. This court held that interpretation of the order of the learned Magistrate dated 20th September, 2006 is contrary to the express language of the order. When the order speaks about renewal of the passport in terms of the Passport Rules, reference must be made to Rule 12 alone and the Passport Officer was bound to issue the passport either for a period of 10 years or for a period of 20 years as the case may be in his discretion. The Passport Officer could not have at any rate renewed the passport for a period less than 10 years. Accordingly, the Rule was made absolute and the Regional Passport Officer was directed to issue the passport, renewed for a period of 10 years or 20 years."

7. Another Judgment dated 30.11.2016 of the

Division Bench of Bombay High Court reported in 2016

SCC OnLine Bom 14539 : (2020) 3 AIR Bom R 459 in

Mr. Samip Nitin Ranjani v. Union of India and others,

observed at relevant paragraphs 3 and 4, as under:

"3. The grievance of the Petitioner is that the Passport Authorities, instead of renewing the passport for a period of 10 years as provided under the

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provisions of the Passports Act, 1967, has renewed the passport only for a period of one year. Challenging the same, writ was filed.

4. In our view, the ratio of the judgment of this Court in the case of Narendra Ambwani (supra) would squarely apply to the facts of the present case. The Division Bench of this Court has issued guidelines which are to be followed by the Respondents on the receipt of application for renewal of passport. It is observed in paragraphs 10 and 11 as under:

"10. In the circumstances, we propose to issue guidelines to be followed by the Respondents on receipt of the applications for renewal of the passports, in all cases, where the Magistrate's court has directed that the passport may be renewed as per the "Rules".

11. Accordingly, we issue the following directions:-

(a) In all cases where the Magistrate's court directs renewal of the passports under the Rules, the Passport Rules, 1980 shall apply and passports other than for a child aged more than 15 years shall be renewed for a period of ten years or twenty years as the case may be from the date of its issue. All qualifying applicants are entitled to have passport renewed for at least ten years. The Regional Passport Office shall renew the passports of such qualifying applicants at least for ten years.

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(b) In case where the passports are valid and the applicants hold valid visas on existing passport, the Regional Passport Officer shall issue the additional booklet to the same passport provided the applicant had obtained permission to travel abroad.

(c) If the learned Magistrate passes an order making the reference to the said Notification No. G.S.R. 570(E) dated 26th August, 1993, the passport shall be renewed only for such period that the Magistrate may specify in the order or as otherwise specified in the said Notification where the passport of the applicant is valid for less than one year, the additional booklet may be issued subject to the orders to be obtained in this behalf only of the Magistrate concerned."

8. Taking into consideration the aforesaid facts and

circumstances of the case, and duly considering the law

laid down in the Judgments (referred to and extracted

above), the Writ Petition is allowed, the 2nd respondent

is directed to pass appropriate orders on petitioner's

application for issuance of passport with File Number

HYD75C5070162922 dated 12.09.2022 for a period of

ten years, under Section 10 of the Passports Act, 1967

and under Rule 12 of Passport Rules, 1980, in

accordance to law duly taking into consideration the

observations of the Courts in the judgments referred to

and extracted above, within a period of three (3)

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weeks from the date of receipt of the copy of the order,

without reference to the Criminal Proceedings pending

against the petitioner in C.C.No.3674 of 2022 pending

on the file of the learned II Additional Junior Civil

Judge-cum-II Additional Metropolitan Magistrate,

L.B.Nagar and also the Gazette Notification issued by

the Central Government vide GSR No.570(E) dated

25.08.1913, subject to the following conditions:

i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.3674 of 2022 pending on the file of the learned II Additional Junior Civil Judge-

cum-II Additional Metropolitan Magistrate, L.B.Nagar, stating that he will not leave India during pendency of the said case without permission of the Court and that he will co-operate with trial Court in concluding the proceedings in the said case.

ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;

iii) The petitioner herein shall submit certified copy of aforesaid undertaking before the Respondent - Passport Officer for renewal of his passport;

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iv) The Respondent-Passport Officer shall consider the application of the petitioner for issuance of passport with File Number HYD75C5070162922 dated 12.09.2022 in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of petitioner's passport in accordance to law;

v) On renewal of the Passport, the petitioner herein shall deposit the original renewed Passport before the trial Court in C.C.No.3674 of 2022 pending on the file of the learned II Additional Junior Civil Judge-cum-II Additional Metropolitan Magistrate, L.B.Nagar; and

vi) However, liberty is granted to the petitioner herein to file an application before the trial Court seeking permission to travel aboard and it is for the trial Court to consider the same in accordance to law.

Miscellaneous petitions, if any pending, in this writ

petition shall stand closed.

__________________ SUREPALLI NANDA, J

Date: 18.03.2024 Lpd