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SCA/7950/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7950 of 2011
=========================================================
HARGOVAN
MOTIBHAI RABARI - Petitioner(s)
Versus
REGIONAL
PASSPORT OFFICER - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL N VAKIL for
Petitioner
MR YV VAGHELA for
Respondent
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 26/07/2011
ORAL
ORDER
This
petition, under Article 226 of the Constitution of India, has been
preferred with the following prayers:-
“(A) The
Hon’ble court may please to admit and allow this petition.
(B) The
Hon’ble court may pleased to issue writ of mandamus or writ in nature
of mandamus or writ in nature of mandamus or any other appropriate
writ, order direction directing the respondent authority to issue a
fresh passport.
(C) The
Hon’ble Court may be pleased to grant any other and further relief
in the interest of justice.”
Briefly
stated, the facts of the case are that the Regional Passport
Officer, Ahmedabad, issued a Passport to the petitioner in the year
1997, which was valid for a period of ten years. The said Passport
expired in the year 2007. The petitioner applied for issuance of a
fresh Passport which has been issued on 15.11.2007. The said
Passport was valid for a period of ten years, and is to expire on
14.11.2017. Meanwhile, the petitioner received letter dated
14.03.2008 from the respondent – Regional Passport Officer,
Ahmedabad, directing him to surrender the Passport, as a criminal
offence under the provisions of Sections 307, 325, 124 of the Indian
Penal Code has been registered against him vide C.R.-I No.202/1999
at Sola Police Station, in respect of which Sessions Case No.90 of
2000 is pending before the learned Sessions Judge (Ahmedabad Rural).
A cross criminal complaint filed by the petitioner against the rival
group is also pending. According to the respondent, these details
were not mentioned by the petitioner in the application for issuance
of a fresh Passport in the year 2007, necessitating issuance of the
above-mentioned letter. The petitioner surrendered the Passport to
the respondent-authority on 09.04.2008. By letter dated 08.02.2010,
the petitioner has been informed that his file has been closed due
to non-compliance of the conditions mentioned in letter dated
14.03.2008. The conditions, interalia stipulate that the petitioner
should furnish a certified copy of the Court judgment if the case is
decided, or the permission of the Court, permitting him to go out of
India. The petitioner has also been directed to pay a penalty of
Rs.5,000/-. It is in this background that the petitioner has
approached this Court, by making the prayers reproduced hereinabove.
I
have heard Mr.Dhaval N.Vakil, learned advocate for the petitioner,
Mr.Y.V.Vaghela, learned Central Government Standing Counsel for the
respondent and perused the averments made in the petition and the
documents annexed thereto.
When
the petition is take up for admission/ hearing today, attention of
this Court is drawn to a judgment of this Court in the case of
Dhiren Baxi, Chartered Accountant v. Regional Passport
Officer, Ahmedabad
reported in 2003(1) GLH 1.
The learned advocate for the petitioner has submitted that in view
of the principles of law enunciated in the abovementioned case, the
Competent Authority is not debarred from considering the application
of the petitioner for grant of fresh Passport during the pendency of
the criminal case. It is stated by the learned advocate for the
petitioner that the petitioner shall pay the penalty of Rs.5,000/-,
as imposed by communication dated 14.03.2008, and thereafter shall
make an application to the respondent-authority, who may be directed
to consider the same, in accordance with law.
Mr.Y.V.Vaghela,
learned Central Government Standing Counsel, has submitted that in
the event that the petitioner pays the penalty of Rs.5,000/- and
makes an application for the issuance of a fresh Passport, the
Competent Authority shall consider and decide the same, in
accordance with law. However, appropriate directions may be issued
for surrendering the Passport
before the Trial Court and taking permission of the Trial Court in
case the petitioner is desirous of travelling abroad.
Having
heard the learned advocates for the respective parties and upon the
above statements being made at the Bar on behalf of the respective
parties, the following order is passed:
(I) The
petitioner shall deposit Rs.5,000/- as penalty in terms of
communication dated 14.03.2008 before the respondent-authority,
accompanied by an application for issuance of a fresh Passport,
within a period of fifteen days from today.
(II) On
receipt of the penalty and application, the Competent Authority shall
consider the application of the petitioner, in accordance with law,
and take further necessary action for issuance of Passport, within a
period of six weeks from the date of receipt of the application and
amount of Rs.5,000/- from the petitioner.
(III) In
the event that a fresh Passport is issued
to the petitioner, the petitioner shall deposit the same, by way of
an application, before the Trial Court, within a period of one week
from the issuance thereof.
(IV) If
the petitioner is desirous of travelling abroad, he shall make an
application to the concerned Trial Court, which shall pass
appropriate orders thereupon.
It
is made clear that this Court has not entered into the merits of the
case.
The
petition is disposed of in the above terms. Notice is discharged.
Direct
Service of this order is permitted.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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