Disposed

Mohammed Ashraf @ Mahammad Ashraf v. the Union of India

Karnataka HC11 Jun 2024WP/3466/2024

Case brief

AI extract

What is this about?

Petitioner with two pending CBI cases sought renewal of his passport to travel to Dubai. With the Special Court for CBI cases having permitted travel, the High Court directed re-issue of a one-year short-validity passport on conditions of furnishing Dubai address proof.

What the court decided

AI extract

Mohammed Ashraf @ Mahammad Ashraf Vs the Union of… — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:20363 WP No. 3466 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3466 OF 2024 (GM-PASS)

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BETWEEN:

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MOHAMMED ASHRAF @ MAHAMMAD ASHRAF (AS PER PASSPORT), S/O. I. H. ISMAIL, AGED ABOUT 40 YEARS, PRESENTLY RESIDING AT PLOT NO. 499-0, MAKANI NO. 2846393661, DEWA PREMISE NO.317105728, PROPERTY NO. 504, DUBAI, UAE,

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ALSO RESIDING AT KANYADI, KELTHAJA HOUSE, PERMANNU, BELTHANGADY, DAKSHINA KANNADA DISTRICT, KARNATAKA – 575 001.

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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PERMANENTLY ADDRESS R/AT NO. G-3, LE-MERIDIAN, NEAR KMC MEN'S HOSTEL, KAPARIGUDDA, ATTAVARA, MANGALURU, DAKSHINA KANNADA DISTRICT, KARNATAKA – 575 001.

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…PETITIONER

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(BY SRI. VIDYASAGAR R., ADVOCATE)

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AND:

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THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI – 110 001.

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2 - NC: 2024:KHC:20363 WP No. 3466 of 2024

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PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI – 110 001.

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CENTRAL BUREAU OF INVESTIGATION (CBI), REPRESENTED BY ITS DIRECTOR, HAVING ITS HEAD OFFICE AT PLOT NO. 5-B, 6^TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI – 110 003.

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CENTRAL BUREAU OF INVESTIGATION (CBI), OFFICE OF HEAD BRANCH, CBI, ACB, NO. 36, BELLARY ROAD, GANGANAGAR, BENGALURU – 560 032, KARNATAKA. (REP. BY HEAD OF BRANCH)

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REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 8^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU – 560 095, KARNATAKA.

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…RESPONDENTS

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(BY SRI.SHANTHI BHUSHAN H., DSGI FOR R1, R2 AND R5; SRI.P.PRASANNA KUMAR, ADVOCATE FOR R3 TO R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R4 TO ISSUE NO OBJECTION CERTIFICATE AND CONSEQUENTLY DIRECTING THE R5 TO RENEW THE PASSPORT BEARING NO. V5126909 OF THE PETITIONER. BASED ON THE REPRESENTATION DATED 17.10.2023 (ANNEXURE - M) REPRESENTATION DATED 21.11.2023 (ANNEXURE - N) REPRESENTATION DATED 16.01.2024 (ANNEXURE - P) WHICH WAS GIVEN BY THE PETITIONER TO THE R - 4 AND 5 RESPECTIVELY.

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

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NC: 2024:KHC:20363 WP No. 3466 of 2024

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ORDER

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In this petition, the petitioner seeks for the following reliefs:

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(i) Issue a Writ of Mandamus directing the Respondent No.4 to issue No Objection Certificate and consequently directing the Respondent No.5 to renew the Passport bearing No. V5126909 of the Petitioner based on the Representation dt. 17.10.2023 [ANNEXURE-M], Representation dt. 21.11.2023 [ANNEXURE-N] and Representation dt. 16.01.2024 [ANNEXURE-P] which was given by the petitioner to the Respondent no.4 & 5 respectively.

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(ii) Pass such other direction or order as this Hon'ble court deems fit in the facts and circumstances of the case, in the interest of justice and equity.

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Heard learned counsel for the petitioner and learned DSGI for respondent Nos.1, 2 and 5 as well as learned counsel for respondent Nos.3 and 4. Perused the material on record.

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It is the grievance of the petitioner that despite submission of repeated representations at Annexures-M, N and P dated 17.10.2023, 21.11.2023, 16.01.2024 to respondent Nos.4 and 5, seeking renewal of passport, the said requests have not been considered by respondent Nos.4 and 5 so far and as such, the petitioner is before this Court by way of present petition. It is submitted that petitioner intends to travel to Dubai as he is working at Dubai and Special Court for CBI cases in Case No.RC.13(A)/2022 at Annexure-K and in Case No.RC.14(A)/2022, has

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NC: 2024:KHC:20363 WP No. 3466 of 2024

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granted permission in favour of the petitioner/accused No.3 to travel to Dubai and as such, there is no impediment to re-issue passport to the petitioner so as to enable him to travel to Dubai.

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Per contra, learned DSGI for respondent Nos.1, 2 and 5 as well as learned counsel for respondent Nos.3 and 4 jointly submits that in light of the permission granted by the Special Court for CBI cases, the passport of the petitioner would be renewed for a short validity period of one year from the date of issuance of the same.

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In view of the facts and circumstances of the case, I deem it just and appropriate to dispose of this petition directing respondent Nos.1, 2 and 5 to re-issue the passport of the petitioner having a short term validity of one year from the date of its issuance, subject to the condition that the petitioner shall furnish his address proof and E-mail ID at Dubai for the purpose of communication. The said details would be furnished by the petitioner not only to respondent Nos.1, 2 and 5 but also to respondent Nos.3 and 4 immediately upon receipt of a copy of this order. It is also directed that immediately upon receipt of a copy of this order, respondent Nos.1, 2 and 5 shall re-issue the passport in favour of the petitioner.

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It is needless to state that in the event the petitioner violates any of the conditions imposed by the Special Court for CBI

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NC: 2024:KHC:20363 WP No. 3466 of 2024

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cases, the concerned respondents would be entitled to impound/revoke

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the passport in accordance with law.

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Subject to the aforesaid directions, the petition stands

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disposed off .

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Respondent Nos.3 and 4 are directed to communicate this order

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to respondent No.5 forthwith.

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Sd/JUDGE

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SMJ List No.: 1 Sl No.: 12

Mohammed Ashraf @ Mahammad Ashraf v. the Union of India

Case brief

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What the court decided

Mohammed Ashraf @ Mahammad Ashraf v. the Union of India

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