IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 28381 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------ ANTONY DAVID, S/O.C.A. DEVASSY, AGED 34 YEARS, CHETTAKKAL HOUSE, VELLIKULAM ROAD, CHALAKKUDY. BY ADVS. SRI.J.S.AJITHKUMAR, SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL). RESPONDENT(S): --------------------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MINISTRY OF EXTERNAL AFFAIRS, COCHIN - 682 016. 2. THE CIRCLE INSPECTOR OF POLICE, CB CID, KALOOR, ERNAKULAM - 682 020. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R2 BY GOVERNMENT PLEADER SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28381/2011 W APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE PASSPORT F. NO. 1977658. EXHIBIT-P2- TRUE COPY OF THE WORK PERMIT ISSUED BY THE DEPARTMENT OF HOME AFFAIRS REPUBLIC OF SOUTH AFRICA VALID UPTO 13/08/2013. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28381 OF 2011 ----------------------------------------------------- Dated this the 9th day of November, 2011 J U D G M E N T Petitioner is a holder of an Indian Passport No. F.1977658. The passport was initially issued in 2005 and the present renewed passport is valid till 14.9.2013. According to the petitioner on the strength of the passport he went abroad in 2005 and is presently employed in South Africa. 2. He came to India on 20.7.2011 for a short visit and due to some damage in the passport he approached the first respondent for obtaining a fresh passport. It is stated that this passport was accepted by the first respondent and he cancelled the same. Thereafter he submitted an application for issue of a passport and send it for police verification to 2nd respondent. His case is that the 2nd respondent informed the first respondent that his brother is an accused in criminal cases registered as crime W.P.(C) No. 28381 OF 2011 :2 : Nos.134/CR/SIG-11/06 and 135/CR/SIG-11/06 of CBCID, Ernakulam. It is stated that for that reason fresh passport is not issued to him. 2. Case of the petitioner is that so long as he is not an accused in any criminal case, passport cannot be denied to him as none of the disqualification provided in the Passport Act are attracted against him. The case was adjourned with a direction to the respondent to obtain instructions in the matter. The learned Government Pleader has obtained instructions from the 2nd respondent which confirm the claim of the petitioner that the cases mentioned above are only against his brother and that as at present petitioner is not an accused in any criminal cases. Further, according to him, steps are being taken by the 2nd respondent for questioning the petitioner also. While, it may be open to the 2nd respondent to question anybody who is suspected of having committed any offence, fact remains that even as at present the W.P.(C) No. 28381 OF 2011 :3 : petitioner is not an accused in any criminal case. If that be so, the disqualifications contained in the Passport Act rendering a person against whom criminal case is pending ineligible to be issued passport, is not attracted as against the petitioner. Consequently the petitioner cannot be denied the passport. Therefore the writ petition is disposed of with the following directions. (1) That the first respondent shall not treat the pendency of the criminal case against the petitioner's brother as a ground to decline passport to the petitioner. (2) The aforesaid direction for issuance of passport shall not be to the prejudice of the 2nd respondent in taking any steps against the petitioner if he is suspected of having committed any offence. ANTONY DOMINIC, JUDGE ul/-