IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 28070 of 2010(G) -------------------------- OS.322/2008 of DISTRICT COURT, MANJERI ................ PETITIONER : ------------------ NAZEER N., AGED 28 YEARS, S/O.ABDUL KAREEM, NADUTHODI HOUSE, MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI. ESM. KABEER RESPONDENT: ------------------- REGIONAL PASSPORT OFFICER, MALAPPURAM. BY ADV. SRI. T. SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.28070 of 2010 (G) --------------------------------- Dated, this the 11th day of October, 2010 J U D G M E N T Petitioner is the holder of Indian Passport No.B.0486745 issued by the respondent. According to the petitioner, on the strength of the passport he has secured an employment in Saudi Arabia and is working there. As the period of the passport was expiring, he applied to the respondent for its renewal. That application is seen rejected based on a police report intimating that the petitioner is an accused in Crime No.352/2008 of the Judicial First Class Magistrate Court, Malappuram, which has been charge sheeted as CC No.1082/2008. It is thereupon that this writ petition has been filed. 2. Contention of the learned counsel for the petitioner is that even going by the allegations in the FIR, the case is that he has caused a loss of Rs.5,046/-. According to the petitioner, such a minor allegation should not have been relied on to deny renewal of the passport and deprive of the petitioner of his livelihood. 3. However, going by the provisions of Section 6(2)(f) of the Passport Act, 1967, a person, who is an accused in a criminal case, WP(C) No.28070/2010 -2- is ineligible to be issued passport. Therefore, irrespective of the contention of the petitioner regarding the gravity of the offence, so long as the petitioner is an accused in the case he suffers ineligibility as provided under Section 6(2)(f) of the Act. Therefore the respondent cannot be faulted for having declined renewal of the passport. However, it is reported that the Union of India has issued a circular enabling persons like the petitioner to apply to the Court where the case is pending seeking its permission, and on that basis, can make application for passport or its renewal. It is stated that in case a person obtains such a permission, there will be a relaxation from the rigor of Section 6(2)(f) of the Act. Therefore, it is made clear that it will be open to the petitioner to apply to the Court concerned producing the circular issued by the Union of India, in which event, it is for that Court to consider the application and depending upon the order to be passed, the respondent will consider the application made by the petitioner for renewal of the passport. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg