Yerragunta Venkatesham vs Ministry Of External Affairs

Heard Sri Rapolu Bhaskar, learned counsel for the petitioner, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for the respondent Nos.1, 3 and 4, learned Assistant Government Pleader for Home appearing for respondent No.2 and Sri P. Suraj Yadav, learned Standing Counsel appearing for respondent Nos.5 and 6. Perused the record.

The petitioner herein has submitted an application No.HYG064956508723, dated 10-01-2023 with respondent No.1 with a request to issue passport. Vide letter No.HYG064956508723, dated 17-01-2023, respondent No.5 informed the petitioner that it has received adverse police verification report and involvement of the petitioner in Cr.No.No.255 OF 2020 and sought clarification. Suppressing the same, the petitioner had submitted the aforesaid application.

The petitioner herein is arraigned as sole accused in the aforesaid crime. After completion of investigation, the Investigating Officer had laid charge sheet against him. Now, he contends that he was falsely implicated in the aforesaid crime. Further, he is also ready to co-operate with the trial. Therefore, he sought to issue necessary directions to the respondents for consideration of his application to issue his passport. The petitioner submits that he has to go to U.S.A. to attend convocation of his son, who is pursuing his M.S. in U.S.A.

There is no dispute that the petitioner herein is an accused in Crime No.255 of 2020 of Bhongir Town Police Station, registered for the offences punishable under Sections – 509 and 506 of IPC, and after completion of investigation, the Investigating Officer had filed charge sheet. The same was taken on file vide C.C.No.1028 of 2020 pending on the file Additional Judicial Magistrate of First Class, Bhongir. The said C.C. is at trial stage.

On the ground of pendency of the aforesaid criminal case against the petitioner, respondent No.5 is not issuing the passport to the petitioner. The said action of respondent No.5 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 issuance of passport. Further, the petitioner is ready to co-operate with the trial Court in concluding trial in the aforesaid C.C. Therefore, he is standing on better footing than the petitioner in Vangala Kasturi Rangacharyulu (Supra). The petitioner herein sought to issue necessary directions to respondent No.5 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.5 to consider the aforesaid application No.HYG064956508723, dated 10-01-2023 submitted by the petitioner seeking to issue passport on the following conditions without reference to the pendency of the proceedings in C.C.No.1028 of 2020, subject to the following conditions:

i) The petitioner herein shall submit an undertaking along with an affidavit before the learned the Additional Judicial Magistrate of First Class, Bhongir, in C.C.No.1028 of 2020 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 three (03) weeks;

v) On issuing Passport, the petitioner herein shall deposit the original Passport before the trial Court in C.C.No.1028 of 2020; 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, 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.