Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941 WP(C).No. 10747 of 2019 PETITIONER/S: SUHAIL, AGED 35 YEARS S/O.ABDUL MAJEED, BAITHULHILAL HOUSE, MARAKKARKANDI ROAD DESOM, THAYYIL, KANNUR-3. BY ADVS. SRI.M.RAMESH CHANDER (SR.) BALU TOM CHERUVALLY SMT.K.A.SANJEETHA RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY SECRETARY TO MINISTRY OF HOME AFFAIRS, NEW DELHI-1. 2 REGIONAL PASSPORT OFFICE, ERANHIPALAM POST, KOZHIKODE-673006. BY ADV. SRI.JAGADEESH LAKSHMAN, CGC BY ADV. SRI.JAYASANKER-CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner says that he was issued with a valid passport, bearing No.H6396709, on 29.09.2009. According to him, he had applied for his passport through an agent and that such agent he had produced certain fake documents pertaining to his identity, date of birth etc. before the Passport Authority and therefore, that his date of birth was shown incorrectly as 01.04.1978 instead of 17.04.1983; and that his name, his father's name and mother's name were also entered incorrectly.
2. The petitioner says that he, therefore,
preferred Ext.P1 before the Regional Passport Authority for change of these particulars in his passport, but that it has been rejected through Ext.P3, stating that he has suppressed the pendency of a criminal case against him, namely, Crime No.634/2018, on the files of the Judicial First Class Magistrate's Court, Chalakkudy. He says that he had made no suppression and that he was not required to disclose this factum because he had only applied for correction of his passport and not for its reissue. He, however, adds that he has still complied with Ext.P2 order, wherein he has been imposed with a penalty of Rs.5,000/- for the same reason and therefore, prays that the respondent Passport Authority be directed to reissue his passport with the particulars as prayed for by him.
3. Sri.Jayasankar Nair, the learned Central
Government Counsel appearing on behalf of the respondents, submits that as long as the criminal case is pending against the petitioner, the Authority cannot reissue passport to him unless the requisite clearance for travel abroad is obtained by him from the competent Criminal Court. He says that the question of correction of the passport will also be decided only if the said Criminal Court permits him to travel abroad and that this is the mandate of the provisions of the Passport Act.
4. On hearing Sri.Jayasankar Nair as afore,
the learned counsel for the petitioner, Sri.Balu Tom Cheruvally, submits that his client will approach the Judicial First Class Magistrate, Chalakkudy and obtain clearance for travel abroad and that his client is confident in getting this order because this Court has already released his passport while granting him bail in the said case. He, therefore, prays that on such order being obtained from the competent Criminal Court, his client be allowed to produce it before the Passport Authority and that the said Authority be directed to consider reissuance of his passport with the corrected particulars within a short period thereafter. In the afore circumstances, I order this writ petition and leave liberty to the petitioner to approach the Judicial First Class Magistrate's Court, Chalakkudy, before which the criminal case against him is concededly pending and obtain an apposite order permitting him to travel abroad; in which event, he will be at further liberty to produce the same before the 2nd respondent-Passport Authority, who will then take a decision on his application for reissuance of passport with the corrected particulars, as expeditiously as is possible, but not later than two weeks from the date on which the order of the Criminal Court is presented before it.
SD/- DEVAN RAMACHANDRAN RR JUDGE
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOSTAT COPY OF THE APPLICATION DATED 06.03.2019. EXHIBIT P1 A PHOTOSTAT COPY OF THE ONLINE APPOINTMENT RECEIPT. EXHIBIT P1 B PHOTOSTAT COPY OF THE PASSPORT. EXHIBIT P1 C PHOTOSTAT COPY OF THE EXTRACT OF ADMISSION REGISTER. EXHIBIT P1 D PHOTOSTAT COPY OF THE AFFIDAVIT. EXHIBIT P1 E PHOTOSTAT COPY OF THE RECEIPT. EXHIBIT P1 F PHOTOSTAT COPY OF THE AADHAR. EXHIBIT P2 PHOTOSTAT COPY OF THE PENALTY RECEIPT. EXHIBIT P3 PHOTOSTAT COPY OF THE COMMUNICATION DATED 15.03.2019. EXHIBIT P4 PHOTOSTAT COPY OF THE ORDER IN CRL.MA.1/2019 IN BA. NO.7925/2018 DATED 30.01.2019.