MANISH KUMAR MITTAL Vs. CHIEF PASSPORT OFFICER

JUDGEMENT

(1.) The petitioner before this Court is facing trial under Section 498A and 406 of IPC pursuant to a complaint made by his wife, which was registered vide FIR No.1010/2006 at Police Station Dwarka, New Delhi. The petitioner was issued a passport bearing No.G-4905048 on 26th September, 2007 and, according to him, while applying for the passport he had filed an affidavit disclosing the registration of the aforesaid FIR against him. In the above referred case registered against the petitioner, anticipatory bail was granted to him, vide order dated 19th November, 2009 and regular bail, vide order dated 8th June, 2010. The bail order, according to the petitioner, did not require him not to leave the country at all or not to leave country without prior permission of the Court. It ' appears that a complaint was made against the petitioner by his father-inlaw, seeking cancellation of his passport on the ground that the passport had been obtained by the petitioner by concealing the pendency of the criminal case against him. Vide communication dated 27th October, 2010, the Regional Passport Officer directed the petitioner to surrender the aforesaid passport. The petitioner made a representation against the aforesaid communication dated 27th October, 2010 and informed that before issue of the passport, he had disclosed the pendency of the criminal case against him. Vide communication dated 1st March, 2011, he was again asked to surrender his passport. He again represented to the Regional Passport Officer. Vide communications dated 14th March, 2011 and 25th March, 2011, he was yet again directed to surrender his passport. Ultimately, the passport was submitted by the petitioner to the Regional Passport Officer on 4th April, 2011. Since the petitioner was required by his employer to travel to USA, he sought release of the passport. Simultaneously, he also filed an application under RTI Act, seeking information with respect to the order passed on his application for release of the passport. On receipt of the documents under RTI Act, the petitioner discovered that no order has been passed on the aforesaid application. He also preferred an appeal to the Chief Passport Officer. However, the appeal filed by the petitioner has been dismissed, vide order dated 16th May, 2013. Being aggrieved from dismissal of his appeal, the petitioner is before this Court.

(2.) A perusal of the appellate order would show that the Chief Passport Officer was of the view that since a criminal case under Section 498A/406/34 IPC is pending against the petitioner and he is out on bail, the passport can be restored after he is acquitted of the said charge. It appears from a perusal of the documents filed by the petitioner that the passport of the petitioner was impounded under Section 10(3) of the Passport Act, which, to the extent it is relevant, provides that the passport authority may impound or cause to be impounded or revoke a passport or travel document, if the proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.

(3.) Sub-Section (5) of Section 10 of the Act, to the extent it is relevant, provides that when the passport authority makes an order impounding or revoking a passport or travel documents under Sub-section 3, it shall record, in writing, a brief statement of the reasons for making such an order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such a copy.