The Court held that since the passport is the subject of the crime, it is not proper to direct its release. The petitioner may approach passport authorities with court permission to depart from India obtained in Asok Kumar case to apply for a fresh 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 A.MUHAMED MUSTAQUE
MONDAY, THE 22ND DAY OF SEPTEMBER 2014/31ST BHADRA, 1936
WP(C).No. 8957 of 2010 (T)
PETITIONER(S):
SHARAFUDHEEN, AGED 32 YEARS, S/O.MOHAMMED, CHANGARAMKATTILL HOUSE, P.O.PUDUPALLY, B.P.ANGADI, TIRUR, MALAPPURAM DISTRICT.
BY ADV. SRI.K.K.MOHAMED RAVUF
RESPONDENT(S):
1. THE SUPRINTENDENT OF POLICE CBI-ACB, 3RD FLOOR, KENDRIYA SADAN SULTHAN BAZAR, KOTI, HYDERABAD-500095.
*** ADDL. R2 IMPLEADED.**
R, BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. R1 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-09-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 8957 of 2010 (T)
APPENDIX
PETITIONER(S)' EXHIBITS -------------------------------------
EXHIBIT-P1: TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSPORT. EXHIBIT-P2: TRUE COPY OF THE SEIZURE FORM. EXHIBIT-P3: TRUE COPY OF THE COUNTER AFFIDAVIT IN WP(C) NO.30868/2008. EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 19.12.2008 IN WP(C) NO.37864 OF2008.
EXHIBIT-P5: TRUE COPY OF THE JUDGMENT IN WA.NO.352 OF2009.
RESPONDENT(S)' EXHIBITS
NIL
/TRUE COPY/
P.S. TO JUDGE
msv/
A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = = WP(C).No.8957 of 2010-T.
= = = = = = = = = = = = =
Dated this the 22nd day of September, 2014.
J U D G M E N T
This writ petition is filed seeking a relief to release the passport issued to the petitioner. The subject of the crime is itself is the passport. In such situation it may not be proper for this Court to direct to release the passport to the petitioner. However, it is open for the petitioner to cancel the passport and apply for issue of fresh passport to the passport authorities. The passport authorities shall consider such application if the petitioner obtains the permission to depart from India in terms of the decision of this Court in Asok Kumar v. State of Kerala (2009(2) KLT
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge)
Kvs/-
// true copy //
1 issue framed by the court
Whether the court can direct release of a passport issued to the petitioner when the passport itself is the subject of the crime.
Colour shows how this judgement treated each authority
Asok Kumar v. State of KeralaReferred¶31
Asok Kumar v. State of Kerala (2009(2) KLT 712)
1 provisions across 1 enactments
Sharafudheen
Suprintendent of Police CBI-ACB
Government Examinor of Questioned Documents
A.Muhammed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
