HAJRA IQBAL MEMON Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed for issuance of a writ in the nature of certiorari for setting aside the restriction placed on travel on passport of the petitioner, such as, restricting her travel from India to United Arab Emirates only as well as a writ of mandamus seeking direction or commanding the respondents to issue passport valid for 20 years for all the countries of the world.

(2.) The petitioner is stated to be an Indian citizen and is presently residing in Dubai. She was holding an Indian Passport bearing No.A-992578 which expired in July 1996. She submitted her application for renewal on June 6, 1996 to respondent No.4 and on June 10, 1996 the petitioner went to collect the renewed passport from the said respondent. However, it was not delivered to her and she was told to come again. Consequently, she again visited the Consulate General of India at Dubai on June 12, 1996 on which date again it was not delivered to her. Thereafter, the petitioner made several such visits to the Consulate General and each time she was alleged to have been told to visit after one or two days. The petitioner has also mentioned that a similar incident happened in 1994 when passports of the petitioner and her three children were withheld by the Consulate General of India in Dubai for about a year and it was only after legal notice dated March 31, 1995 sent to respondent No.2 the passports were returned to the petitioner and her three children. The petitioner thereafter submitted a representation dated July 1, 1996 to the Ministry of External Affairs wherein she requested for early return of her passport. There was again no response.

(3.) The petitioner moved this Court seeking a writ of mandamus to direct the respondents to renew her passport. During the pendency of the petition the petitioner received a letter dated September 25, 1996 from the office of respondent No.4 informing the petitioner that her passport had been impounded under Section 10(3)(c) of the Passport. Act, 1967 (hereinafter referred to as 'the Act'). The petitioner preferred an appeal against the said order which was also rejected vide order dated January 1, 1997. As a consequence the petitioner amended her writ petition in the High Court and challenged the order impounding her passport. By judgment dated February 18, 1997 in Civil Writ Petition No.3088/96 this Court allowed the writ petition of the petitioner and set aside the order for impounding the passport as well as the Appellate order and concluding part of the judgment may be reproduced as under: