Ashok Pallela vs Union Of India

Heard Mr. S.Chalapathi Rao, learned counsel for the petitioner, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India accepts notice on behalf of respondent No.1 and Mr. K.Rajesh Reddy, learned counsel appearing for respondent No.2.

The petitioner herein has submitted an application No.HY1074671282522, dated 13.10.2022 with respondent No.2 with a request to issue passport. Vide letter dated 14.12.2022, respondent No.2 informed the petitioner that it has received adverse police verification report and involvement of the petitioner in C.C.No.207 of 2015 pending on the file of the Judicial First Class Magistrate, Jangaon. Suppressing the same, the petitioner had submitted the aforesaid application. According to the petitioner, he was falsely implicated in the case. Therefore, according to him, there is no suppression of fact on his part while submitting the application for issue of passport.

There is no dispute that the petitioner herein is an accused in C.C.No.207 of 2015 pending on the file of the Judicial First Class Magistrate, Jangaon, and the offences alleged against him are punishable under Sections – 420 of IPC and 7 of Essential Commodities Act, 1955. On the ground of pendency of the aforesaid criminal case against the petitioner, respondent No.2 is not issuing the passport to the petitioner. The said action of respondent No.2 is contrary to the procedure laid down under the Passports Act, 1967 and also the principle laid down by the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation 2020 Crl.L.J. (SC) 572.

It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu (Supra) had an occasion to examine the provisions of the Passports Act, pendency of criminal cases and held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding 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. The petitioner therein was convicted in a case for the offences under Sections - 420, 468, 471 and 477A read with 120B of the IPC and also Section - 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988. Against which, an appeal was filed and the same was dismissed. The sentence was reduced to a period of one (1) year. The petitioner therein had approached the Apex Court by way of filing an appeal and the same is pending. Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal. Thus, the Apex Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal appeal in S.C.

In view of the above, mere pendency of criminal case is no ground to decline renewal of passport. Further, the petitioner is ready to co-operate with the trial Court in concluding trial. He is standing on better footing than the petitioner in Vangala Kasturi Rangacharyulu (Supra). Therefore, the petitioner herein sought to issue necessary directions to respondent No.2 for consideration of his application for issue of passport. Thus, on the ground of pendency of the above criminal case, passport cannot be denied to the petitioner.

In view of the aforesaid discussion, this writ petition is disposed of directing respondent No.2 to consider the aforesaid application No.HY1074671282522, dated 13.10.2022 submitted by the petitioner seeking to issue passport without reference to the pendency of the proceedings in C.C.No.207 of 2015, subject to the following conditions:

i) The petitioner herein shall submit an undertaking along with an affidavit before the Judicial First Class Magistrate, Jangaon in C.C.No.207 of 2015 stating that he shall not leave India during pendency of the said C.C. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings in the said C.C.;

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 the certified copy of this order along with the aforesaid undertaking before the Passport Officer/ Authority concerned for consideration of the aforesaid application to issue passport;

iv) On filing the said certified copies of order along with undertaking, the Passport Officer/Authority shall consider the same in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issue of passport in accordance with law, within two (02) weeks;

v) On issuing Passport, the petitioner herein shall deposit the original Passport before the trial Court in C.C.No.207 of 2015; and

vi) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

However, there shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.