Disposed

Manoj Kumar Jayaswal v. Union of India & Ors.

Delhi HC4 Mar 2016W.P.(C)/2101/2015

Case brief

AI extract

What is this about?

Writ petition challenging impounding of passport under Section 10(3)(e) of the Passport Act. Court directed respondents to deposit passport with CBI Court within four weeks, recognizing travel rights under Article 19(1)(g). Petition disposed with directions.

What did the court decide?

Directed respondents to deposit petitioner's passport with CBI Court within four weeks; CBI Court to decide on release.

Manoj Kumar Jayaswal Vs Union of India & Ors. — Writ and Judicial Review | Delhi HC (2016)

¶1

$~19

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 2101/2015

¶4

MANOJ KUMAR JAYASWAL ..... Petitioner Through Mr.Vijay Kumar Aggarwal with Mr.Neeraj Kumar Jha and Mr.Puneet Jaswal, Advocates.

¶5

versus

¶6

UNION OF INDIA & ORS ..... Respondents Through Mrs. Bharthi Raju, CGSC for R- 1 to 3. Ms.Tarannum Cheema with Ms.Hiral Gupta, Advocates for R-4.

¶7

CORAM: HON'BLE MR. JUSTICE MANMOHAN

¶8

O R D E R

¶9

% 04.03.2016

¶10

Present writ petition has been filed with the following prayers:-

¶11

1. Pass necessary orders and directions thereby set-aside and quash the impugned order dated 08.01.2015 passed by Sh.Muktesh K.Pardeshi, Chief Passport Officer, New Delhi in case bearing No.VIII/402/App-95/2014, by declaring the actions of seizure and impounding of passport of petitioner to be illegal, null and void ab initio, in the interest of justice;

¶12

AND

¶13

2. Pass necessary orders and directions thereby set-aside and quash the letter dated 07.10.2014 issued by the Regional Passport Office, Nagpur, under Section 10(3) (e) of the Passport Act, 1967 in File No.IMP/302709952/14/Poly/29/2013, by declaring the actions of seizure and impounding of passport of petitioner to be illegal, null and void ab initio, in the interest of

¶14

justice.

¶15

AND

¶16

3. Issue a writ in the nature of mandamus or any other writ, necessary orders and directions thereby directing the Respondents to release the valid and original passport bearing No. J 1107787 of the Petitioner, in the interest of justice;

¶17

AND

¶18

4. Pass any other order and directions as this Hon’ble Court may deem fit and proper in the circumstances of the case, in the interest of justice.”

¶19

The Joint Secretary (PSP) and Chief Passport Officer after upholding the decision of the Passport Officer to impound the petitioner’s passport under Section 10(3)(e) of the Passport Act, 1967 directed that if the petitioner needs to travel abroad, such specific relief can be sought from the CBI Court including for restoration of the passport and for permission to travel abroad.

¶20

However, upon the petitioner filing an application dated 31^st January, 2015 seeking permission to travel abroad and direction for release of passport, CBI Court dismissed the application on the ground that so long as petitioner’s passport stands impounded, granting him permission to travel abroad will be an exercise in futility.

¶21

Though the order of the CBI Court dated 9^th February, 2015 has not been challenged, yet this Court directs respondent nos. 1 to 3 to deposit the petitioner’s passport with the CBI Court being (CBI)-7, New Delhi Districts, Patiala House Courts, New Delhi, within a period of four weeks as the right to travel abroad is an integral facet

¶22

of fundamental right under Article 19(1)(g) of the Constitution.

¶23

It shall be open to the CBI Court to decide as to whether the petitioner’s passport should be released, if so, for what duration and under what conditions. However, it is ordered that even if the petitioner’s passport is released to him and he is granted permission to travel abroad, petitioner will comply with the Ministry of External Affairs notification no.GSR 570(E) dated 25^th August, 1993.

¶24

With the aforesaid directions and observations, the present writ petition stands disposed of.

¶25

MANMOHAN, J

¶26

MARCH 04, 2016 KA

Manoj Kumar Jayaswal v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Manoj Kumar Jayaswal v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Narendra Singh Vs Union of India & Ors.

Shribhagwan Sharma and Ors. Vs Registrar Cooperative Societies and Ors.

East Delhi Municipal Corporation & Ors. Vs Vinai Kumar Srivastav & Anr.

Dr. Ajit Gupta Vs Assistant Commissioner of Income Tax

Suman Kumar Vs Union of India & Ors.

The Shivlok Co-Operative Group Housing Society Ltd. Vs Registrar Co-Operative Societies

Ravi Shankar Sahu Vs Jawaharlal Nehru University

Inderjit Banga Vs Registrar, Coop. Societies, Govt. of NCT of Delhi & Ors.

Bushra Salam Vs Jamia Millia Islamia and Ors.

Mohd Shahid & Ors. Vs Lieutenant Governor of Delhi and Anr.

Sarita Gautam Vs Govt. of NCT of Delhi & Ors.

Manoj Kumar Vs University of Delhi and Anr.

Dr. Shivendra Kumar Singh & Ors. Vs Union of India & Ors.

S D Wadhwa Vs Cpio O/O Registrar, Cooperative Societies, N. Delhi