The Kerala High Court rejected a writ petition challenging the retention of a passport for an accused person pending a criminal case, citing statutory ineligibility under the Passports Act and declining to interfere until compliance with court requirements.
The writ petition was dismissed; no directions were issued to release the passport.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930
WP(C).No. 4147 of 2009(R)
PETITIONER(S):
SHAJI R.NAIR, AGED 36 YEARS, S/O.T.R.RAVEENDRANATHAN NAIR, KUNNUVILAKATHU VEEDU, ANAYARA P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.P.RAVEENDRAN PILLAI SRI.INDIRA RAVEENDRAN
RESPONDENT(S):
THE PASSPORT OFFICER, PASSPORT OFFICE, SREENARAJANA BUILDING, KAITHAMUKKU, THIRUVANANTHAPURAM.
ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC,J.
W.P.(C).No.4147 OF 2009
Dated this the 11th day of March, 2009.
JUDGMENT
The grievance of the petitioner is regarding the refusal of the respondent to release his passport.
WP(c)No.4147/09
2
when the passport was submitted for renewal, the same was renewed subject to verification. It is stated that subsequently, they got verification report, reporting about the petitioner's involvement in the crime which is now pending trail before the Addl. Sub Judge for Abkari Cases, Neyyattnkara as Session Case No.1130/07. It is stated that when his passport was submitted for ECNR stamping the same was retained in custody and the petitioner was informed that on producing the no objection from the court concerned, the same will be released. However the petitioner did not comply with the said direction.
WP(c)No.4147/09 3
passport authorities, in view of the aforesaid statutory position, passport would not have been renewed. On the other hand the passport was renewed subject to verification. Therefore the passport was got renewed by the petitioner despite his involvement in the Criminal case. This being the position, I cannot find fault with the respondent in retaining the passport when the petitioner submitted the same for ECNR stamping.
If that be so, the only course open to the petitioner is to obtain a no objection from the concerned court and apply to the respondent for releasing the passport. At present, in view of the ineligibility of the petitioner I am not prepared to issue directions to the respondent to released the passport.
Writ Petition fails and is dismissed.
(ANTONY DOMINIC) JUDGE
vi/
WP(c)No.4147/09 4
1 issue framed by the court
Whether to release a passport of an accused person pending criminal trial despite previous renewal.
1 provisions across 1 enactments
Shaji R.Nair
The Passport Officer, Thiruvananthapuram
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
