Anipeddi Seetha Rama Prabhoji vs. The Regional Passport Officer
Held
The Court held that the petitioner is obligated to adhere to the procedure stipulated in the Ministry of External Affairs notification G.S.R.570(E) dated 25.08.1993. This notification provides an exemption from the statutory embargo under Section 6(2)(f) of the Passports Act, 1967, for citizens against whom proceedings are pending before a criminal court, subject to obtaining orders from the concerned court permitting departure. The reasoning is based on the statutory provision and the established procedure laid down by the Ministry of External Affairs, which was also followed in a previous writ petition. The ratio decidendi is that when criminal proceedings are pending, the applicant must first obtain permission from the criminal court before the passport authority can consider the application, as per the notification. The Court did not decide on the merits of the passport application itself, but rather on the procedural requirement.
Facts
The petitioner, engaged in the business of drilling bore wells and a director of a Nigerian company, applied for a passport. The Regional Passport Officer (RPO) informed the petitioner of a pending criminal case (C.C.No.764 of 2019) against him, citing a police verification report. The RPO requested an explanation and case clearance certificate within 30 days, failing which the application would be closed. The petitioner submitted a representation requesting his application not be closed. The RPO, on instructions, submitted that Section 6(2)(f) of the Passports Act, 1967, mandates refusal of a passport if criminal proceedings are pending. The RPO also referred to a Ministry of External Affairs notification (G.S.R.570(E), dated 25.08.1993) requiring applicants in such situations to obtain permission from the concerned criminal court.
Key Issues
1. Whether the petitioner is entitled to a direction for the Regional Passport Officer to consider his passport application, notwithstanding the pendency of a criminal case against him? 2. Whether the procedure outlined in the Ministry of External Affairs notification G.S.R.570(E) dated 25.08.1993 is mandatory for applicants facing pending criminal proceedings? Petitioner's arguments: The petitioner sought a direction to the RPO to consider his passport application and representation. The judgment does not explicitly record arguments made by the petitioner beyond the initial prayer. Revenue/State's arguments: The respondents, through the Assistant Solicitor General, argued that Section 6(2)(f) of the Passports Act, 1967, imposes a statutory embargo on issuing a passport when criminal proceedings are pending. They further contended that the Ministry of External Affairs notification G.S.R.570(E) mandates that such applicants must obtain orders from the concerned criminal court permitting their departure from India. They cited a previous order of the High Court in a similar case (W.P.No.21042 of 2020) which directed the petitioner to follow the procedure in the said notification.
Sections Cited
Section 6(2)(f), Section 5(2)(c), Section 22(a)
AI-generated summary — verify with the full judgment below
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.17993 OF 2021 ORDER:
In the present Writ Petition, petitioner herein is seeking a direction to the Regional Passport Officer, Visakhapatnam-first respondent herein to consider his passport application bearing No.VS1073089583920 and his representation, dated 06.08.2021, and to pass appropriate orders under the provisions of the Passports Act, 1967 (for brevity, ‘the Act’).
According to the petitioner, he is in the business of drilling bore wells with GST Registration No.37ADKPA 7520NIZC. It is further stated that the petitioner herein is one of the Directors of ‘Devi Drilling Company Limited’ established in Federal Republic of Nigeria and the said company came to be incorporated on 27.02.2020 under the provisions of the Companies and Allied Matters Act, 1990 and, for the purpose of business operation, petitioner is required to travel frequently to Nigeria and other Countries. The Passport authority issued passport No.J2941827 in favour of the petitioner for the period commencing from 09.11.2020 to 08.03.2021. It is further stated that, on 09.11.2020, petitioner herein made an application for
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