The petitioner sought a writ directing the issuance of a passport after failing to disclose pending criminal cases against him in his application.
The petitioner was directed to submit a fresh passport application with full details of pending criminal cases within one week; the Passport Officer to decide on merits within four weeks.
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 JUDICATURE AT MADRAS
DATED : 17.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.18068 of 2020
Haris Ahmed Kose …Petitioner
Vs 1. The Regional Passport Officer, Chennai Rayala Towers, Nos.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai 600 002, Tamil Nadu.
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to issue passport to the petitioner by considering the representation dated 05.10.2020, within the time stipulated by this Court.
For petitioner ... Mr.V.K.Yunus Mohammed For respondents 1 & 2 ... Mr.K.Gangadharan CGSC For Respondent-3 ... Mr.V.Shanmugasundar, Spl.Govt.Pleader
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the first respondent to issue passport by considering the petitioner's representation dated 05.10.2020 within a time frame to be fixed by this Court.
petitioner has not disclosed the crime numbers pending against him in his passport application, he will have to submit a fresh application to the second respondent seeking for issuance of fresh passport, after disclosing all the criminal cases registered under various crime numbers pending against him without suppression of any material facts. On receipt of the said application, the second respondent will have to consider the same on merits and in accordance with law.
+1CC to M/s.Yunus Mohammed Advocate, SR No. 9268.
W.P. No.18068 of 2020
RSI(CO) NRA(09/03/2021)
2 issues framed by the court
Whether the High Court can direct the Passport Officer to issue a passport when the applicant failed to disclose pending criminal cases against him.
Whether mere pendency of an FIR is a bar to the issuance of a passport.
1 provisions across 1 enactments
Haris Ahmed Kose
Regional Passport Officer, Chennai Rayala Towers
Regional Passport Officer, Passport Seva Kendra, Chennai
Inspector of Police, Ambur Town Police Station
Abdul Quddle
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
