Disposed

Rukhsar Mustafa Sharif v. Regional Passport Officer

Karnataka HC1 Mar 2023WP/3191/2023

Case brief

AI extract

What is this about?

Writ petition under Articles 226 and 227 directed the petitioner to submit certified copies of pending civil proceedings and court summons to the Regional Passport Officer within two weeks. The respondent Passport Officer was instructed to consider the application for passport impounding in accordance with the Passports Act, 1967 upon receipt of documents.

What did the court decide?

Petitioner directed to submit certified copies of pending proceedings to the 1st Respondent within two weeks for consideration under the Passports Act, 1967.

Rukhsar Mustafa Sharif Vs Regional… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 3191 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 3191 OF 2023 (GM-PASS)

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BETWEEN:

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RUKHSAR MUSTAFA SHARIF W/O SHEERAZ AHMED SHARIFF AGED ABOUT 29 YEARS, R/AT PRISHA ORCHIDS 202, A BLOCK, 2^ND FLOOR, OPP: MANIPAL ACADEMY, BHARTIYA CITY ROAD, GHOKANNA HALLY CROSS ROAD, BANGALORE-560064.

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…PETITIONER

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(BY SRI. ROSHAN H. C., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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REGIONAL PASSPORT OFFICER 8^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGLAURU-560095 REP BY GOVT. ADVOCATE HIGH COURT OF KARNATAKA.

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MR.SHEERAZ AHMED SHARIFF NO.3305, SHARIFF COLONY H.N.PURA ROAD , HASSAN-573 201

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ALSO AT

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WORK PLACE ADDRESS QPAY INTERNATIONAL, ABOVE MASHREQ BANK,

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WP No. 3191 of 2023

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BANK STREET, GRAND HAMAD STREET, DHOHA, QATAR. (…..R2 DELETED)

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…RESPONDENTS

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(BY SRI. SHANTHI BHUSHAN H., DSGI FOR R1 R2 DELETED VIDE COURT ORDER DATED 01.03.2023)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-1 TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER SEEKING CANCELLATION/IMPOUNDING OF THE PASSPORT OF THE R-2 BEARING NO.Z2228256 VIDE ANNEXURE-D AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking the

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following prayers:

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(a) Issue a writ of mandamus directing the 1^st respondent to consider the application submitted by the petitioner seeking cancellation/impounding of the passport of the respondent No.2 bearing No.Z2228256 vide Annexure-D.

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(b) Grant such other and further relief’s as this Hon’ble Court as this Hon’ble court deems fit

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WP No. 3191 of 2023

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and proper under the circumstances of this case, in the interest of justice and equity.

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The petitioner is the wife of the 2^nd respondent.

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Several judicial proceedings are pending in the complaint so registered by the wife against the husband. The husband is at present residing in Doha, Qatar. The petitioner has knocked at the doors of this Court seeking the aforesaid directions for the 1^st respondent-Regional Passport Officer to act in terms of The Passports Act, 1967 (hereinafter after referred to as ‘the Act’, for short) and impound the passport of the 2^nd respondent.

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Sri.Shanthi Bhushan H., learned DSGI has filed statement of objections and has contended that the passport which had expired has been renewed by the Indian Embassy at Doha on the ground that the criminal verification status at Doha was cleared. It is for the petitioner now to approach the 1^st respondent-Regional Passport Officer and place all such materials on record for the Regional Passport Officer to take action in terms of

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WP No. 3191 of 2023

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Section 10 of the Act. Paragraph Nos. 6 to 9 of the statement of objections read as follows;

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“6. It is submitted that the passport Z2228256 issued by this respondent was cancelled and the 2^nd respondent has got his passport reissued by the Embassy of India in Qatar vide passport No V8354602 dated 19/04/2021 valid till 18/04/2031. [Annexure R3] Subsequently a Police Clearance Certificate was also issued by the Embassy of India, Doha on receipt of a clear police verification report from his permanent address as mentioned in the application [Annexure R4 & R5]

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7. As per the Passport Manual, a certified copy of the summons or warrant or order issued by the court and sufficient documentary evidence before initiating action of Impounding/ Revocation has to be furnished.

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8. The petitioner has not enclosed photocopy of the Warrant of Arrest along with her representation, if at all the petitioner furnishes the required documents the same shall be forwarded to the embassy for the necessary action.

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9. The petitioner may submit all the supporting certified copies of the document or Complaints so as the same can be forwarded to Embassy of

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WP No. 3191 of 2023

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India Doha for suitable and necessary action at their end.”

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In the light of the said objections where the Union

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of India accepts that it would consider the case of the petitioner for initiating action or impounding/revocation of the passport only after certified copies of all the documents are placed at its hand.

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Learned Counsel for the petitioner would submit that if reasonable time is granted, the petitioner would place all the documents before the Regional Passport Officer for them to take appropriate action.

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In the light of the aforesaid submissions, I deem it appropriate to dispose of the petition, directing the petitioner to place all the necessary materials i.e., certified copies of the pending proceedings before the 1^st respondent within two weeks from the date of receipt of a copy of the order, and if so placed, the 1^st respondent shall take action strictly in accordance with law i.e., The

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WP No. 3191 of 2023

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Passports Act, 1967, and pass appropriate orders in

accordance with law.

Ordered accordingly.

Sd/JUDGE

Rukhsar Mustafa Sharif v. Regional Passport Officer

Case brief

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Rukhsar Mustafa Sharif v. Regional Passport Officer

Case brief

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