Jharkhandey v. Union of India and 3 Others

Court No. - 32 Case :- WRIT - C No. - 42041 of 2023 Petitioner :- Jharkhandey Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mohd Hamid Counsel for Respondent :- A.S.G.I.,C.S.C.,Sunil Sharma Hon'ble Salil Kumar Rai,J. Hon'ble Surendra Singh-I,J. Heard the counsel for the petitioner and Sri Sunil Sharma, the counsel for respondent nos. 1 and 2. The present petition has been filed praying for a mandamus commanding the concerned respondents to issue 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 is pending against the petitioner. In view of the aforesaid, there is no illegality in the act of the passport department in not issuing the passport of the petitioner under clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967. However, in view of the office memorandum dated 10th October, 2019, No.VI/401/1/5/2019 which provides that the persons against whom criminal cases are pending may be exempted from the operation of Section 6 (2) (f) of the Act, 1967, in case, they produce orders from the court concerned permitting them to depart from India subject to the conditions enumerated in GSR 570 (E) dated 25.08.1993. The petitioner may take steps for issuance of his passport in accordance with the conditions prescribed in the office memorandum dated 10th October, 2019 and in case, the petitioner fulfills the requirement prescribed in the said office memorandum, the concerned authority shall consider the case of the petitioner for issuance of his passport. With the aforesaid observation, the writ petition is disposed of. Order Date :- 6.12.2023 Satyam High Court of Judicature at Allahabad