HC: Passport can’t be denied if only FIR filed

HC: Passport can’t be denied if only FIR filed

Ajay.Sura@timesgroup.com

Chandigarh:19.12.2020

The Punjab and Haryana high court had made it clear that the passport authorities cannot refuse or cancel a passport merely on the ground of registration of a FIR unless the criminal matter has reached the court of law. The high court directed the passport authorities to issue a passport to a resident of Haryana’s Rewari who was denied passport after a criminal case was found to be registered against him during police verification.

“It is a settled position that the passport authorities cannot refuse or cancel a passport merely on the ground of registration of a FIR. Sections 6 (2)

(f) and10 (3) of the Passport Act, 1967, provide that such refusal/ revocationis to be invoked only in the event of proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India,” observed Justice Lisa Gill.

Reason For Denial

The petitioner, 23, had applied for a passport on September 26, 2020. However, due to the pendency of an FIR against him, it was not issued to him

PASSPORT

HC tells petitioner to submit detailed fresh application

The HC passed the order while disposing of a petition filed by Yogesh Kumar of Rewari who had sought directions for issuance of passport.

The counsel appearing for the Union government pointed out that in the application for issuance of a passport submitted by the petitioner, pendency of FIR has not been mentioned. It was only on police verification that the same came to light.

The passport authorities were well within their right to deny the passport to the petitioner.

On this, the counsel for the petitioner submitted that the application form was filled at a cybercafé with help of a person there. It is due to this reason that the pendency of FIR was not mentioned. He, however, added that no permission from the trial court was required as charge against the petitioner has not been framed.

After hearing both the parties, the HC observed that admittedly, in the present case, cognizance of the FIR has not been taken by the criminal court. “The provisions thus do not come into effect. The petitioner can, therefore, not be refused a passport on the sole ground that FIR stands registered against him.”

“Keeping in view the facts and circumstances as above, it is directed that in case, the petitioner submits a fresh application giving the entire requisite details, the concerned Regional Passport Officer, shall consider the said application in accordance with law while taking into account the aforementioned legal position... In case, the application is submitted within one week, necessary action thereon, shall be taken within two weeks, thereafter. It is made clear that in case the petitioner needs to travel on the said passport, it would be subject to orders of the court of competent jurisdiction in respect to the FIR registered against him,” observed the HC while asking the passport authorities to issue him fresh passport.