HAJRA IQBAL MEMON Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts as stated in the petition are that the petitioner is a Non Resident Indian residing at Dubai and is a law abiding Indian Citizen. There is no criminal case which is pending against her in this country. The petitioner deposited her Passport bearing No. A-992578 for renewal to respondent No. 3 and she was assured that she would get the passport on June 10, 1996 after renewal. However, the passport was never returned to the petitioner nor any reason for non-renewal was stated.

(2.) It is further alleged that the petitioner intended to visit India in summer vacation from Dubai along with her children and she could not undertake the journey as her passport was not renewed and returned to her for no reasons nor any reply had been communicated to her by the Authorities. Similar incident had taken place in the year 1994 when passport of the petitioner was illegally retained by the Consulate General of India at Dubai for about a year and subsequently was released. The petitioner made representations to the Minister of External Affairs requesting for early return of her passport but there had been no response. Since there was no response from the concerned Authorities to the representations of the petitioner she was left with no choice but to file the present petition in this Court. The writ of mandamus is prayed for direction to the respondents to forthwith renew the passport of the petitioner and return the same to her.

(3.) Subsequently, this writ petition was amended as in the meanwhile the petitioner had received an Order dated September 25, 1996 passed under Section 10(3)(c) of the Passports Act, 1967 (hereinafter referred to as 'the Act') impounding the passport of the petitioner. This order reads as follows: