IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6064 of 2009(C)
1. GIRISH.R,
... Petitioner
Vs
1. THE REGIONAL PASSPORT OFFICER,
... Respondent
2. THE DISTRICT SUPERINTENDENT OF
For Petitioner :SRI.K.GOPALAKRISHNA KURUP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/03/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 6064 OF 2009 (C)
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Dated this the 3rd day of March, 2009
J U D G M E N T
Petitioner wants a passport and initially his application was rejected.
The aforesaid order was challenged before this Court in WP(C)
No.30125/08. The writ petition was disposed of by Ext.P1 judgment,
recording that the rejection was on account of the fact that the petitioner
had not disclosed the pendency of Crl.Appeal No.1440/05 before this Court
and directing that it will be open to the petitioner to make a fresh
application. Subsequently, petitioner made an application and still passport
was not issued. It is in these circumstances, the writ petition has been
filed praying for orders for the issue of passport.
2. Learned counsel appearing the respondent on instruction
submits that on receipt of the second application from the petitioner, the
matter was forwarded to the Superintendent of Police for verification. It is
stated that report was received stating that the criminal appeal referred to
above is pending consideration of the High Court and therefore passport
cannot be issued in view of Section 6(2)(f) of the Passport’s Act. It is also
pointed out that in terms of the procedure followed by them, if the
petitioner obtains a no objection certificate from the court where the case
WPC 6064/09
:2 :
is pending, the application will be considered.
3. True as contended by the counsel for the respondents, in view
of the provisions of Section 6(2)(f) of the Act, a person involved in a
criminal case is ineligible to be issued a passport, and the only exception is
a case where a no objection certificate from the Court where the case is
pending is produced.
Therefore, I dispose of this writ petition leaving it open to the
petitioner to pursue the matter as submitted by the standing counsel
appearing for the respondents.
ANTONY DOMINIC, JUDGE
Rp