Shamshad Ahmad v. Union of India and Another

Court No. - 32 Case :- WRIT - C No. - 35654 of 2023 Petitioner :- Shamshad Ahmad Respondent :- Union Of India And Another Counsel for Petitioner :- Mahesh Sharma,Ankit Agarval Counsel for Respondent :- A.S.G.I. Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. The petition has been filed praying for a mandamus commanding the respondent No. 2 to issue the passport in favour of the petitioner. From the pleadings in the petition and the documents annexed with the same, it appears that the passport of the petitioner is not being issued because a criminal case under Section 3/7 Essential Commodities Act is pending against the petitioner. However, in light of the OfÏce 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 OfÏce 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 OfÏce 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 :- 16.10.2023 Anurag/- High Court of Judicature at Allahabad