RAJIV SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 25.01.2019 issued by the respondent no.1, suspending the passport of the petitioner, exercising powers vested in the respondent no.1 under Section 10A of The Passports Act, 1967 (hereinafter referred to as the 'Act').

(2.) The petition further challenges the order dated 01.05.2019 issued by the respondent no.1, extending the period of suspension of the passport of the petitioner till the proceedings relating to variation, impounding or revocation of the passport under Section 10 of the Act are concluded. As a consequent relief, the petitioner prays for return of his passport.

(3.) By the Impugned Order dated 25.01.2019, in exercise of powers under Section 10A of the Act, the passport of the petitioner was suspended for a period of four weeks. The Impugned Order reads as under: "Whereas, the Central Government has received a communication from the Enforcement Directorate (ED) stating that under the provisions of Prevention of Money Laundering Act, 2002 (PMLA) in a sensitive case under investigation registered by the ED bearing an ECIR No. DLZO/15/2014 dated 03.07.2014 against Shri Rajiv Saxena and that as the said person has not joined the investigation a request for his extradition has been made to the Government of UAE on 03.01.2019. Whereas, the Central Government, on the basis of information available with it has sufficient reasons to believe that provisions of clause(c) of sub-section (3) of Section 10 of the Passports Act, 1967 are attracted against Shri Rajiv Saxena, son of Late Shri Samsherbahadur Saxena. NOW THEREFORE, the Central Government has decided to suspend the passport No.Z3794664 and passport No.Z2148777 under the provisions of Section 10-A of the Passports Act, 1967 for a period of four weeks from the date of issue of this order. This issues with the approval of JS(PSP) &CPO."