Disposed

Abdul Wahab v. Union of India

Kerala HC9 Jun 2017WA/1147/2017

Case brief

AI extract

What is this about?

Appellant appealed the dismissal of his writ petition against the closure of his passport application due to non-disclosure of criminal accused status. Single Judge closed file. High Court directed fresh application disclosing juvenile status. Cited prohibition on publicizing juvenile reports.

What did the court decide?

Directed the appellant to file a fresh passport application disclosing facts including juvenile status and lack of trial proceedings.

Abdul Wahab Vs Union of India — Criminal Trial and Appeal | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH &

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 9TH DAY OF JUNE 2017/19TH JYAISHTA, 1939

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WA.No. 1147 of 2017 IN WP(C).13130/2017

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AGAINST THE JUDGMENT IN WP(C) 13130/2017 DATED 22-05-2017

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APPELLANT/PETITIONER IN WPC :

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ABDUL WAHAB, S/O.IBRAHIM, AGED 18 YEARS, THOUFEEQ MANZIL, MADIYAN ROAD, AJANUR VILLAGE, HOSDURG TALUK.

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BY ADVS.SRI.M.RAMESH CHANDER (SR.) SMT.K.A.SANJEETHA

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SRI.BALU TOM

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RESPONDENTS/RESPONDENTS IN WPC :

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UNION OF INDIA REPRESENTED BY SECRETARY TO MINISTRY OF HOME, GOVERNMENT OF INDIA, NEW DELHI-110 001.

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REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERNHIPALAM POST, KOZHIKODE-673 006.

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STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD-671 001.

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R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R BY GOVERNMENT PLEADER

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Navaniti Prasad Singh, C.J. & Raja Vijayaraghavan V., J.

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W.A. No. 1147 of 2017

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- - - - Dated this the 9^th day of June, 2017

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JUDGMENT

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Navaniti Prasad Singh, C.J.

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Being dissatisfied with the dismissal of the writ petition by the learned single Judge by order dated 22.05.2017 in W.P.(C)

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No. 13130 of 2017, this intra court appeal has been preferred.

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We have heard Sri.M.Ramesh Chander, learned Senior Counsel for the appellant and learned counsel for the Union of India representing the Passport Officer and with their consent, this appeal is disposed of at this stage itself.

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It appears that in the year 2013 the appellant/petitioner made an application for grant of passport to enable him to travel abroad. While making such an application, he did not disclose that he was an accused in a criminal case ever. When the matter was sent for police verification, the verification report came stating that he had been made accused in criminal case which was pending. The appellant was accordingly noticed by the authorities, but he did not avail of the opportunity and accordingly the appellant was informed that his file had been

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WA No.1147 of 2017

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-:2:-

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closed and if needs a passport, he need to apply again on payment of fresh fee and he would be required to disclose about the criminal case in which he was made an accused along with a copy of the acquittal order by the criminal court. The appellant did not do anything further. This writ petition was then filed in the year 2017 inter alia for a direction to the Union of India to resurrect his earlier application and proceed thereon. The ground taken is that though he was made an accused in a crime duly registered, he along with another were not charge sheeted in the final report as they were juveniles. They were not put to trial ever.

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The appellant does not deny that in fact he was made an accused. The question is not whether he was rightly or wrongly made an accused but he was duty bound to make the said disclosure. If he was not sent up for trial in view of the fact that he was a Juvenile, that had also to be disclosed to the authorities. Admittedly the appellant did not do so. Therefore, the decision to close his earlier application and direction to him to apply afresh cannot be said to be bad. That being the situation,

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WA No.1147 of 2017

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-:3:-

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it was always open to the appellant to apply afresh instead of coming to this Court and that too after three years, for resurrecting the old dead file.

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The learned single Judge directed the writ petitioner/appellant to prefer an appeal. In our view, the appeal would not be the proper remedy, as the authorities themselves had indicated that he had opportunity to file an application afresh. We would thus direct the writ petitioner/appellant to file a fresh application for passport disclosing the facts aforesaid, as also the fact that he was never taken up even before the Juvenile Board. In any view of the matter, we would like to draw the attention of the authorities to Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which specifically prohibits making of public any report in relation to a juvenile. In view of the date of occurrence we are no manner of doubt that the petitioner/appellant was a juvenile and that being so, there is no question of filing any order of acquittal because he could never have been tried even if he were to be charge sheeted which in fact he has not been.

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WA No.1147 of 2017

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-:4:-

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With the observation and direction aforesaid, this appeal

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stands disposed of.

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Sd/-

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Navaniti Prasad Singh, Chief Justice

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Sd/-

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Raja Vijayaraghavan V., Judge

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ttb/09/06

Abdul Wahab v. Union of India

Case brief

What is this about?

What did the court decide?

Abdul Wahab v. Union of India

Case brief

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