SURESHKUMAR Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The petitioner had approached the Regional Passport Officer, Madurai for renewal of his passport by submitting an application dtd. 19/4/2022. The passport authority sought verification report from the police. The police reported that a criminal case is pending against one Nazirudheen and that the petitioner's passport was seized in that connection. In view of the said report, the passport authority did not process the petitioner's application. That led to the filing of this writ petition.

(2.) When the matter was taken up for hearing, the learned Government Advocate appearing for the second respondent submitted that the petitioner had not come under their adverse notice. Thiru.Nazirudheen who was referred to in the police verification report of course figured as an accused in Crime No.1 of 2019 registered on the file of the Q Branch CID Police, Madurai. He happened to be the petitioner's travel agent. Except this relationship, there was nothing adverse to the petitioner. The second respondent made it clear that they have no objection for allowing the writ petition.

(3.) .I could have simply noted the stand of the second respondent and allowed the writ petition as prayed for. But my conscience did not permit me to leave things at that. My Lord the Hon'ble Chief Justice had allotted the General Miscellaneous portfolio which includes the subject of passports. Crime No.1 of 2019 was registered by Q Branch CID Police, Madurai based on credible information that one Vaithiyanathan in conspiracy with unknown public servants and others at Madurai and Trichy fraudulently obtained Indian passports for many Sri lankan and Indian nationals by using forged documents. The criminal acts in question had taken place during the period from 1/2/2019 to 30/6/2019. The case was registered for the offences under Ss. 120B, 420, 465, 468, 471 of IPC and Ss. 12(1A)(a), 12(1A)(b) and 12(2) of the Passport Act, 1967. I was also informed that a public interest litigation in WP(MD)No.2563 of 2021 was filed seeking transfer of investigation to CBI. The Hon'ble Division Bench was however pleased to direct the Q Branch to complete the investigation within three months. This time limit was later extended by a period of six months. I felt surprised that this direction of the Hon'ble Division Bench was not complied with. Final report was yet to be filed on the ground that sanction had not been obtained for prosecuting the erring government servants.