Allowed

Safia P.K. v. Consulate General of India, Dubai

Kerala HC21 Mar 2023WP(C)/6435/2023

Case brief

AI extract

What is this about?

In a public interest context, a wife sought directions for her husband to return to India seeking an emergency travel document despite an outstanding lookout circular and pending criminal investigation. The High Court directed the Consulate to issue the document.

What did the court decide?

Directions issued to the Consulate General of India to consider the husband's application and issue an Emergency Certificate/Travel Document notwithstanding the lookout circular.

Safia P.K. Vs Consulate General of India, Dubai — Criminal Trial and Appeal | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 21^ST DAY OF MARCH 2023 / 30TH PHALGUNA, 1944 WP(C) NO. 6435 OF 2023

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PETITIONER/S:

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SAFIAP.K.
AGED48YEARS,W/OHABSALMADAPARAMBU,
PALAKKUNDANHOUSE,KARAPPURAMP.O.,
EDAKKARA,MALAPPURAMDIST.,PIN–679331

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BYADVS.
VINAYKUMARVARMA
S.SHYAM
N.K.KARNIS
V.K.BALACHANDRAN
N.SUKUMARAN(SR.)(S-696)

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RESPONDENT/S:

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1CONSULATEGENERALOFINDIA,
ALHAMRIYA,DIPLOMATICENCLAVE,
P.O.BOX737,DUBAI,UNITEDARABEMIRATES
2UNIONOFINDIA
REPRESENTEDBYTHESECRETARYTOTHEMINISTRYOFEXTERNAL
AFFAIRS,EBLOCK,CENTRALSECRETARIAT,
NEWDELHI,PIN-110001
3DEPUTYSUPERINTENDENTOFPOLICE,
CRIMEBRANCH,MALAPPURAM
UPHILL,MALAPPURAM,PIN–676505
BYSRI.C.S.MANU,DSGI
SMT.MABLEC.KURIAN,SR.GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON21.03.2023,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

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W.P.(C) No.6435 of 2023

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JUDGMENT

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The petitioner herein is the wife of certain Sri. Habsal Madaparambu. She contends that her husband is the holder of an Indian Passport vide No.S6698031 which is valid up to 30.09.2028. According to the petitioner, her husband misplaced his passport which led to lodging a complaint before the police and Ext.P2 Passport Loss Certificate has been issued. In order to come back to India, the husband of the petitioner has filed an application for issuance of a duplicate passport. The grievance of the petitioner is that Ext.P3 application has not been taken up and considered on the premise that Crime No.620 of 2018 registered at the Tirur Police Station is pending. It is submitted that the case has been made over to the Crime Branch and has been re-registered as Cr. No.17/CB/MPM/R/2019. It is on these assertions that this writ petition is filed seeking issuance of directions to the 1st respondent to act upon Ext.P3 application and to issue travel documents to her husband.

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The learned Government Pleader, on instructions submitted that

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W.P.(C) No.6435 of 2023

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Sri. Habsal Madaparambu is the prime accused in Crime No.620 of 2018 and as he had absconded, a lookout circular has been issued to ensure his presence as early as 10.09.2020. It is submitted that the aforesaid Habsal had filed an application for pre-arrest bail, which has been dismissed by the Jurisdictional Sessions Court by order dated 12.01.2023.

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The learned DSGI, on instructions, submitted that if the husband of the petitioner is stranded abroad, the only option left to him is to approach the 1st respondent and seek an emergency certificate to come back to India. It is also submitted that as and when he comes back to India, he can approach the jurisdictional court and seek appropriate orders as a lookout circular has been issued against him and his presence

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is required in connection with the investigation in

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Cr. No.17/CB/MPM/R/2019.

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I have considered the submissions advanced.

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The grievance of the petitioner is with regard to the refusal on

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the part of the 1st respondent in considering Ext.P3 application submitted by her husband. Having regard to the submissions advanced, I am of the

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W.P.(C) No.6435 of 2023

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view that necessary directions can be issued to enable the husband of the petitioner to return back to India and thereafter approach the jurisdictional court for appropriate reliefs and thereafter seek for re-issuance of passport.

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Resultantly, this writ petition is disposed of by issuing the following directions:

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a) It would be open to the husband of the petitioner to

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approach the 1st respondent and file an application for issuance of an Emergency Certificate/Travel Document to enable him to come back to India.

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b) Notwithstanding the pendency of the lookout circular, the application for issuance of Emergency Certificate shall be considered by the 1st respondent and appropriate Travel Document shall be issued to enable Sri. Habsal Madaparambu to travel back to India.

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c) If Sri. Habsal Madaparambu wants re-issuance of his passport, he shall file fresh application, after

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W.P.(C) No.6435 of 2023

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returning back to India and the said application shall be considered by the concerned Passport Officer in

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accordance with law.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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W.P.(C) No.6435 of 2023

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APPENDIX OF WP(C) 6435/2023

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PETITIONER(S)EXHIBITS:

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ExhibitP1TRUECOPYOFTHEFRONTPAGEOFINDIANPASSPORT
NO.S6698031ISSUEDTOTHEPETITIONER'S
HUSBAND.
ExhibitP2TRUECOPYOFTHEPASSPORTLOSSCERTIFICATENO.
L-P542174704DATED27.10.2022ISSUEDBYDUBAI
POLICEAUTHORITIES.
ExhibitP3TRUECOPYOFRECEIPTDATED16.11.2022IN
RESPECTOFONLINEAPPLICATIONFORISSUEOF
DUPLICATEPASSPORT.

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RESPONDENT(S)EXHIBITS:NIL

Safia P.K. v. Consulate General of India, Dubai

Case brief

What is this about?

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Safia P.K. v. Consulate General of India, Dubai

Case brief

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What did the court decide?

What the court decided

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