PARI ALIAS FATHIMA Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS Writ Petition is directed against the order dated 13 August, 2012, on the file of the Regional Passport Officer, Madurai, rejecting the application submitted by the petitioner for passport, on the ground that the police submitted an adverse report stating that in case a passport is issued, she would proceed to France through any other third country to meet her son, who is now detained there and would extend support to continue his terrorist activities.

(2.) THE petitioner was earlier residing at Madurai. The petitioner obtained a passport from the Regional Passport Officer, Trichy. The validity of the passport expired on 18 April, 2011. Since the petitioner was residing within the jurisdiction of the Passport Officer, Madurai, she submitted an application for renewal. The Passport Officer renewed the passport and it was sent to her residential address. The postal authorities returned the passport with an endorsement "left". This made the Passport Officer to issue a show cause notice to the petitioner to explain as to why the passport was returned 'undelivered'. The petitioner, in her reply to the show cause notice, informed the Passport Officer that she applied for passport by showing her earlier address at No.12, Rajendra 2nd Street, Karimedu, Madurai. Subsequently, she changed her address to Door No.22/4B, Nainar Oorani Street, Melur Taluk, Madurai District. The Passport Officer forwarded the papers to the Commissioner of Police, Madurai, for verification. The Commissioner of Police, Madurai, submitted his enquiry report on 26 July, 2011 stating that the son of the petitioner by name Mohammed Riyaz was arrested by French Police on account of his connection with SIMI. The Commissioner of Police, in his report, submitted that the enquiry is now in progress and as such, passport should not be issued to the petitioner. The petitioner, thereafter, filed a Writ Petition before this Court and pursuant to the order passed by this Court, the Passport Officer considered the matter afresh with notice to the Superintendent of Police, Madurai. The Superintendent of Police, in his report dated 09 August, 2012, informed the Passport Officer that in case the petitioner is given a passport, she would proceed to France through any other third country to meet her son and extend her support to her son. This made the Passport Officer to reject the application for passport. According to the petitioner, her application for passport to meet her daughter at Dubai, cannot be rejected on the ground that her son is detained in France. The order passed by the Passport Officer is challenged in this Writ Petition.

(3.) THE Passport Officer, in his counter-affidavit, submitted that the Superintendent of Police, in his report, opposed the prayer for issuance of passport to the petitioner and that was the reason for passing the impugned order.