Harsha Vardhan Reddy Naini vs Union Of India

Heard Sri C. Naresh Reddy, learned counsel appearing for the petitioner and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondents. Perused the record.

Petitioner is holder of Passport bearing No.K4697369. The said Passport expires on 27-02-2023. Petitioner herein has submitted an application dated 15-08-2022 with respondent No.2 for renewal of the said Passport. Vide e-mails dated 27.12.2022 and 28.12.2022, respondent No.2 informed the petitioner that they have received adverse police verification report and that the petitioner’s involvement in S.C.Spl.No.73 of 2022 pending on the file of learned VII Spl. Sessions Judge for SCs/STs cum - II Addl. District and Sessions Judge, Nalgonda, for the offences under Section 504 of IPC and Section 3(1)(r)(s) of SC&ST (POA) Act, 2015 and C.C.No.428 of 2022 pending on the file of learned Prl. Judicial Magistrate of First Class, Deverakonda, for the offences under Sections 419, 420, 465 and 471 r/w.511 of IPC. Therefore, the petitioner’s request for renewal of passport cannot be considered.

Perusal of the said proceedings would reveal that the petitioner is accused in the aforesaid S.C.Spl.No.73 of 2022 and C.C.No.428 of 2022 for the aforesaid offences. Just because the petitioner is arraigned as an accused in the aforesaid cases, respondent No.2 cannot reject the application submitted by the petitioner seeking renewal of Passport. The said proceedings are pending with trial Courts.

As per Section 10(3) of the Passports Act, 1967, if petitioner is convicted, respondent No.2 can reject the request made by the petitioner to renew Passport.

It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of   Investigation 2020 Crl.L.J. (SC) 572 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 (01) 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.

The petitioner herein is on better footing. He is not convicted in any of the aforesaid cases. At present, the petitioner is in Canada and respondent No.2 is also in Canada. He is intending to come to India and he will co-operate with the trial Courts in the aforesaid cases. Therefore, the rejection of renewal is contrary to the provisions of Passports Act and also the principle laid down by the Hon’ble Apex Court in Vangala Kasturi Rangacharyulu1. In view of the same, respondent No.2 cannot deny or refuse to renew the passport of the petitioner.

In view of the aforesaid discussion, this writ petition is allowed. Respondent No.2 is directed to consider the application reference No.22-2002894550 dated 15-08-2022 submitted by the petitioner seeking renewal of his passport on the following conditions:-

i) The petitioner herein shall submit an undertaking with respondent No.2 stating that after renewal of his Passport, he will come to India and co-operate with trial Courts in S.C. Spl. No.73 of 2022 pending on the file of learned VII Special Sessions Judge for SCs/STs – cum – II Addl. District and Sessions Judge, Nalgonda and C.C. No.428 of 2022 pending on the file of learned Principal Judicial Magistrate of First Class, Devarakonda.

ii) On receipt of the said undertaking, respondent No.2 shall consider the aforesaid application submitted by the petitioner dated 15.08.2022 and renew his passport without reference to the pendency of the aforesaid cases and adverse police report said to have received against the petitioner;

iii) On renewal of his passport, the petitioner shall come to India and attend the aforesaid cases and co-operate with the aforesaid trial Courts in concluding the proceedings.

iv) He shall deposit the original renewed passport in C.C. No.428 of 2022 pending on the file of learned Principal Judicial Magistrate of First Class, Devarakonda.

v) 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.

vi) In the event of violation of the aforesaid conditions by the petitioner, liberty is granted to the respondents to take action against the petitioner in accordance with law.

However, in the circumstances of the case, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.