Allowed

Khaja Viqharuddin v. The Union of India

Telangana HC25 Nov 2024WP/32616/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition against refusal of a passport by the Passport Officer. Relying on the Supreme Court, the Court held that pendency of criminal cases is not a valid ground for refusal. The Court directed the authority to issue the passport within 7 days after the petitioner files an undertaking to cooperate with the trial court and not leave India without permission.

What did the court decide?

Directed Respondent No.2 to issue passport to petitioner within 7 days after he files an undertaking with the Additional Judicial Magistrate to not leave India and cooperate with the trial.

Khaja Viqharuddin Vs The Union of… — Constitutional and Fundamental Rights | Telangana HC (2024)

¶1

[^340s ]

¶2

i HIGH "-" COURT : - FOR^{THE STATE OF TELANGANA AT HYDERABAD} (Special Original Jurisdiction)

¶3

MONDAY, THE TWENTY^{FTFTHDAY OFNOVEI\NBER} TWO THOUSAND AND^{TWENTY FOUR}

¶4

PRESENT

¶5

THE HONOURABLE^{JUSTICE MOUSHUMIBHATTACHARYA}

¶6

RIT PETITION^{NO: 32} 1 F2 24

¶7

Between:

¶8

KHAJA VIQHARUDDIN,^{S/o Khaja ZaheeruddinAged about 37 years' Occ.} Dl'.tt,''el.-ir;ii.- nvo^{'H rlo lti-|stts Raghavenira colonvshadnagar'} Fiiiiognigi,^{Mandal, Cyberabsd, Ranga Reddy District}

¶9

...PETITIONER

¶10

AND

¶11

1 The Union of lndia,^{rep by its Secretary, Ministryof ExternalAffairs'South} Block, Secretariat^{Raisiha Hill NewDelhi lndia}

¶12

2 The Reoional Passport Officer,^{HyderabadOffice a.t-DNo 8-2-215to 219'} N""rr' irXLhilt'fi;iil;,^{fu m-mjrg,ioa secunderabadrelansana - 500003}

¶13

...RESPONDENTS

¶14

Petition under^{Article226 ot the constitution of lndia praying that in the} circumstances^{stated in the affidavitfiledtherewith,the High Courtmay be} pleased to issue a writ^{order or Directionmore Particularly in the Nature of} MANDAMUS Declaring^{the order passedby the 2nd respondentbearing No} HyL067020604124^{dated12t11t2024refusingto issue Passporton the Ground} 9f the^{pendency of the CriminalCase as being lllegal' Arbitrary'Capricious'} Malafide,notonlyContrarytoSectionl0ofPassportAct,notificationissued, 25t811gg3.^{but also contraryto the various Judgmentsof this Honorableccurt'} as well^{as other courtsand Apex court,: violativeof Article21 of constitutiqnof} lndia,consequentlydirectthe2ndrespondenttoissuePassporttothepetitioner forthwith

¶15

lA NO: 1 OF 2024

¶16

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased to grant interim directions directing the 2nd respondent to issue new passport tg the^petitioner forthwith under fire / appric_ation No HyL067020 6()4i24.

¶17

lA No: 2 OF 2024

¶18

Petition under Section 151 CpC praying that in the circumstances stated in the af.fidavit filed in support of the petition, the High court nray be pleased to permit the petitioner to fite Additional Material papers filed along with this petition i.e.^copy of order in writ^petition No 30305 of 2024 dated 30-10-2024 arong with cause title obtained from the web site of this Honorable Court.

¶19

Counsel for the Petitioner: SRI M.MEHD| HUSSAIN

¶20

Counsel for the Respondents: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERIAT. OF INDIA

¶21

The Court made the following: ORDER^:

¶22

THE HON'BLE JUSTICE^{MOUSHUMI BHATTACHARYA}

¶23

WRIT PETITION NO.32 616 0F²⁰²⁴

¶24

Mr. Mehdi Hussain, learned^{counsel for the petitioner.}

¶25

Mr. Gadi Praveen Kumar,^{learned DeputySolicitor General of India appearingfor} the respondents.

¶26

ORDER:

¶27

The present writ petition^{has been hled challenginga} communication issued by the^{respondentNo'2/theRegional} Passport Ofhcer on 12.11.2024^{seeking clarification with regardto} pending criminal proceedings involving^{the petitioner' The} petitioner also seeks a direction^{on the said respondent for} issuance of the petitioner's^passport.

¶28

The respondent authorities^{are represented}

¶29

After hearing learned counsel^{appearing for the petitioner as} well as the respondents, it appears that^{the issue was considered} by 2 Co-ordinate Benches in^{W.P.Nos.8697 of 2023 ar,d 22218 of} 2024. Both the learned^{Single Judgesreferred to the Hon'ble} Supreme Court Judgmett^{trt' Vangala Kasturi Rangacharyulu u'} Central Bureou of Inuestigationr^{and came to the finding that mere} pendency of criminal case cannot be a^ground to^declinethe renewal/reissue of passport^provided that^{the petitioneris ready} for renewal/reissue of passport. In this^{case the petitioner is also}

¶30

'^{zozo crt.L..t.1scyszz}

¶31

¶32

ready to cooperate with the Trial Court in conciuding the trial. The petitioner before the Court is also willing to cooper.ate with the pending proceedings. In Vangala Kastui Rangachanyulu (supra), the Honble Supreme Court held that the passpc,rt Authority cannot refuse to renew/issue the passport on th,_- ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew/issue the passport of the petitioner without raising objection relating to pendency of criminal proceedings.

¶33

4 This court is accordingly of the view that the \vrit petition can be disposed of by directing the petitioner to sr-rbmit a reply to the letter dated 12.1 1.2024. The respondent No.2 wili <;onsider the reply submitted by the petitioner and take steps for issuance of passport in clue compliance of the hndings of the Hon,ble Supreme Court in Vangala Kasturi Rangacharyulu (supra). The directions are as follows:

¶34

(i) The respondent No.2 shall issue the petitioner,s passport within 7 days from 27.71.2024. The respondent No.2 shall inform the petitioner of the time and place for issuance of Passport.

¶35

(ii) The petitioner shall submit an undertaking along with an affrdavit before the learned I Additional Judicial F.irst Class

¶36

¶37

Magistrate at Shadnagar, in C.C.No.369 of 2079 stating that the petitioner will not leave India during pendency of the C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

¶38

(iii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 1 week from the date of filing of the undertaking.

¶39

I I

¶40

(iv) The petitioner shall submit the certified copy of the aforesaid undertaking along with ,^{thereply/ explanation} before the concerned Passport Officer for consideration of^his application for issuance of passport.

¶41

(v) The respondent No.2 shall be at liberty of taking steps on breach of the undertaking.

¶42

(vi) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the^petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall be at liberty to fiie an application before the learned I Additional Judicial First Class Magistrate at Shadnagar, seeking permission to travel outside India. The learned I Additional Judicial First Class

.^.'7..

.:trt,li:

Magistrate at Shadnagar, shall consider thc same in accordance with law.

¶47