SEANA SHANTH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a two month old baby, born to parents, who are overseas citizens of India cardholders, represented by her guardian and mother. Petitioner is aggrieved by the stand of the 2nd respondent in not receiving her application for a passport enabling her to go abroad along with her mother, a permanent resident in United Kingdom.

(2.) Material facts for the disposal of writ petition are as follows; petitioner was born on 25.06.2016, evident from Ext.P1 birth certificate. Parents of the petitioner were Indian citizens and their marriage was solemnized in the year 2006 as per the rites prevailing in Hindu Nair community, registered with the Registrar of Marriages, Koothattukulam Grama Panchayat, evident from Ext.P2. Parents of the petitioner were holding Indian passport till 2010, evident from Exts.P3 and P4. In the year 2008, mother of the petitioner became a British citizen, evident from Ext.P5 and in the year 2013, evident from Ext.P6, father of the petitioner became a British citizen. Therefore, parents of the petitioner have secured British Passport and, Ext.P7 is the passport issued to the mother of the petitioner by United Kingdom of Great Britain and the Northern Ireland. Parents of the petitioner, by virtue of the provisions of Indian Citizenship Act, 1955, hereinafter called "the Act", are registered as overseas citizens of India, evident from Exts.P8 and P9. As per Sec. 7B of the Act, an overseas citizen of India card holder is entitled to all those rights and privileges other than those coming under sub-section (2) of Sec. 7B of the Act. The mother of the petitioner is working as a Nurse in Al-Ain hospital, Abudhabi and has to return for duty by 15th of Sept., 2016 and she wants to take the petitioner along with her for which a valid passport and other travel documents issued by the 1st respondent is necessary. Petitioner is only 65 days old and advised exclusive breast feeding alone for 6 months, evident from Ext.P10, discharge summary. It was in that circumstances, mother of the petitioner approached the 2nd respondent with a request to issue passport to the petitioner. However, 2nd respondent did not heed to the request of the petitioner and conveyed to her, if only she is having a valid Aadhaar card, online application for passport can be submitted. According to the petitioner, in spite of the earnest efforts of the petitioner, 2nd respondent could not be persuaded. It is the further contention of the petitioner, as per Sec. 20 of the Passport Act, the competent authority can issue the passport or travel documents to a person who is not a citizen of India. It is in this background, seeking appropriate direction, this writ petition is filed.

(3.) First respondent has filed a statement basically contending that, as provided under Sec. 6(2)(a) of Passports Act, 1967, subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) on the ground that, the applicant is not a citizen of India. Sec. 20 of the Passports Act, 1967 deals with a different situation to issue a passport or a travel document to a person, who is a citizen of India, if the Government is of the opinion that, it is necessary so to do in public interest and the benefits provided thereunder is not applicable to the petitioner since there is no public interest involved in the subject matter.