Mohammad Fahad v. Union of India and 3 Others

Court No. - 32 Case :- WRIT - C No. - 35383 of 2023 Petitioner :- Mohammad Fahad Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kirt Raj Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Ram Dular Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. Heard the counsel for the petitioner, Sri Ram Dular, Advocate representing the Union of India and the Regional Passport Officer, i.e., respondent nos. 1 and 2 and the Standing Counsel representing the respondent nos. 3 and 4. The petition has been filed praying for a mandamus commanding the respondent nos. 2 and 3 to issue the passport bearing file No. LK4067043398822 in favour of the petitioner. Sri Ram Dular, the counsel for respondent nos. 1 and 2 has obtained instructions in the matter and on the basis of his instructions states that an adverse police verification report was received in case of the petitioner indicating that a criminal case under Sections 323, 504 and 506 IPC is pending against the petitioner and a charge-sheet has been filed against him. The case of the respondents is that no passport can be issued to the petitioner because of the pendency of the said criminal case in light of Section 6(2)(f) of the Passport Act, 1967. However, in light of the Office Memorandum dated 10.10.2019, the GSR 570(E) dated 25.8.1993 exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before the criminal court in India if they produce orders from the court concerned permitting them to depart from India, from operation of the provisions of Section 6

(2)(f) of the 1967 Act. Clause 5 (i) of the Office Memorandum dated 10.10.2019 clearly provides that the provisions of GSR 570

(E) may be strictly applied in all cases, which also clarifies that GSR 570 (E) is a statutory notification and hence it forms part of the Rules. In view of the aforesaid, denying the petitioner passport only on account of pendency of the aforesaid criminal case does not appear to be equitable. However in terms of the provisions contained in the Office Memorandum issued by the Government of India in the Ministry of External Affairs, dated 10.10.2019 and 25.08.1993, the petitioner will have to seek an order from the court where the criminal case is pending. Accordingly, the appropriate course which legally is available to the petitioner is to approach the court concerned and seek an order permitting the petitioner to depart from India. In light of the aforesaid, the petition is disposed of permitting the petitioner to approach the competent Criminal Court to seek permission. In case any such application is moved within two weeks from today, the same would be considered and decided by the Court concerned, thereafter, the petitioner would be at liberty to press the application for issuing passport before the Passport Authority, which would also be addressed expeditiously in accordance with law. Order Date :- 12.10.2023 Satyam High Court of Judicature at Allahabad