Chintan Pravinchandra Rajgor vs Union Of India

Biren Vaishnav, J

Rule returnable forthwith. Mr. Kshitij Amin, learned Standing Counsel waives service of notice of rule on behalf of respondent.

Heard learned advocates for the parties.

By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for a direction to the respondent no. 1 to renew the passport of the petitioner for a period of five years.

Mr. Apurva Jani, learned advocate appearing for the petitioner would submit that the petitioner being a citizen of India holds an Indian Passport bearing no. K0290370 issued on 12.06.2013 by the High Commission of India at London. The petitioner at present is in Dubai since 2014 and has been issued a Residence Permit for United Arab Emirates where the petitioner is serving as an Accountant. The permit is issued for a period of three years from 22.01.2020 to 21.01.2023. The petitioner who intends to renew his residential permit is prevented from doing so as the passport validity for the present is for a period of less than six months. An application for renewal is not being processed on account of pendency of an FIR against him under Section 498A IPC.

4.1 Mr. Jani would rely on an order passed by this court in Special Civil Application No. 15440 of 2019 on 13.03.2020 and would submit that this court while passing the order dated 13.03.2020 has relied on order dated 19.01.2017 passed in Special Criminal Application No. 418 of 2017. The relevant portion of the order dated 19.01.2017 reads as under:

“2. It appears from the materials on record that, as on date, there is one prosecution pending against the writ-applicant herein for the offence punishable under Section 188 of the IPC. This prosecution is of the year 2002. Since the Registry of the concerned court has lost the papers of the case is pending as on date. Since the criminal prosecution is pending, the Passport Authority has declined to issue a Regular Passport in favour of the writ-applicant. The authority concerned shall look into the notification issued by the Ministry of External Affairs dated 25.08.1993 in this regard. It reads as under:

"In exercise of the process conferred by clause (a) of Section 22 of the Passport Act, 1967 (15 of 1967) and in supersession of the Notification of the Government of India in the Ministry of External Affairs No. G.S.R 298 (E) dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-

(a) the passport to be issued to every such citizen shall be issued --

(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a)(ii) and (a) (iii) above can be further renewal for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that in the meantime the order of the court is not cancelled or modified;

(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period of travel abroad;

(d) the said citizen shall give an undertaking in writing to the passport issuisng authority that he shall, if required by the court concerned, appear before it at any time during the continuance to force of the passport so issued."

With the above, the Regional Passport Officer is directed to process the application filed by the writ-applicant herein for a Passport and issue the Passport with a validity period of 5 years, in terms of the notification referred to above. This exercise shall be completed within a period of two weeks from the date of receipt of the writ of this order. I am told that the writ-applicant has to reach US on account of social problem. If it is possible for the authority concerned to issue the Passport even before two weeks all endeavours shall be made in this regard.”

Having heard learned advocates for the parties and having perused the order dated 19.07.2017 passed by this court in Special Criminal Application No. 418 of 2017 as well as Special Civil Application No. 15440 of 2019 which have been relied upon by learned advocate for the petitioner, this court is inclined to allow the present petition.

Accordingly, the respondent authorities are directed to process the application of the petitioner for renewal of his passport and issue a passport with a validity period of five years in terms of the notification referred to hereinabove. This exercise shall be completed within a period of two weeks from today. Petition is accordingly allowed. Rule is made absolute. Direct service is permitted.