Disposed

Hameed Charakku Parambil v. Union of India

Kerala HC11 Feb 2020WP(C)/1784/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a fresh passport for Haj pilgrimage. The court noted the pending criminal trial under the Juvenile Justice Act and the surrendered passport due to non-disclosure. It directed the trial court to consider permission applications expeditiously and passport authorities to issue passports without delay upon favorable court orders after penalty payment.

What did the court decide?

Direction to trial court to consider travel permission app; instruction to passport authority to issue passport on court order.

Hameed Charakku Parambil Vs Union of India — Pension and Retirement Benefits | Kerala HC (2020)

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WP(C).No.1784 OF 2020(W)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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TUESDAY, THE 11TH DAY OF FEBRUARY 2020 / 22ND MAGHA, 1941

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WP(C).No.1784 OF 2020(W)

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PETITIONER/S:

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HAMEED CHARAKKU PARAMBIL AGED 52 YEARS S/O SYEDALI, CHARAKKUPARAMBIL VAZHAMPURAM.P.O, KARAKURUSSI VIA PALAKKAD-678595

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BY ADV. SRI.L.RAJESH NARAYAN

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RESPONDENT/S:

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1 UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN-682036

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2 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN682036

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R1-2 BY ADV. SRI.P.VIJAYAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1784 OF 2020(W)

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JUDGMENT

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Concededly the petitioner is facing a criminal trial under Section 75 and 82 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 at Judicial First Class Magistrate Court, Palakkad. Petitioner has already been granted anticipatory bail. However, in the instance case, petitioner sought indulgence of this Court for the issuance of renewal of the passport as the previous passport was surrendered on account of the communication from the 2^nd respondent requiring to surrender the passport since the same was renewed without disclosing the information regarding the pendency of a criminal case.

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Learned Counsel for the petitioner submitted that petitioner has now been selected by the Haj Committee of India for the Haj Pilgrimage for the year 2020 and the information provided is reflected from Ext.P5. Learned Counsel for the Passport Authority submitted that by virtue of Section 6 (2) (f) of the Passports Act, the passport cannot be issued, since proceedings in respect of an offence alleged to have been

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WP(C).No.1784 OF 2020(W)

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committed by the applicant are pending before a criminal court in India and in the absence of permission from the criminal court petitioner cannot leave the country.

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Having heard learned Counsel for the petitioner and learned ASGI, I dispose of this writ petition with the observation that in case petitioner moves an application seeking permission for going abroad, the trial court shall consider the application as expeditiously as possible and on consideration of such application, if grants permission, the passport authorities on receipt of order of court shall issue fresh passport, as submitted by the learned Counsel representing passport authorities, without any delay, in view of the fact that petitioner has already remitted the penalty for not disclosing the pendency of criminal case before the court.

Sd/

AMIT RAWAL

JUDGE

Jm/

WP(C).No.1784 OF 2020(W)

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APPENDIX OF WP(C) 1784/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 2.09.2019 IN CRL.M.C.NO.2540/2019 EXHIBIT P2 TRUE COPY OF THE SURRENDER CERTIFICATE EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 20.12.2019 EXHIBIT P4 TRUE COPY OF THE PENALTY RECEIPT DATED 6.1.2020 EXHIBIT P5 TRUE COPY OF THE PILGRIM INFORMATION EXHIBIT P6 TRUE COPY OF THE CIRCULAR DATED 14.1.2020

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WP(C).No.1784 OF 2020(W)

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APPENDIX OF WP(C) 2965/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR REISSUE OF PASSPORT. EXHIBIT P2 TRUE COPY OF THE PASSPORT BEARING NO.U6371636 DATED 10.1.2020 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE LETTER REF.NO.SCN/309572133/20 DATED 7.1.2020 ISSUED BY THE RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY DATED 25.1.19 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Hameed Charakku Parambil v. Union of India

Case brief

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Hameed Charakku Parambil v. Union of India

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