IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 15861 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- SHOWKATHALY, S/O.THAYAMKULAM ABDURAHMAN, THAYAMKULAM HOUSE, KUNNAMKULAM, KARIKKAD, THRISSUR - 680519. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------------- 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 1100001. 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE BUILDING, PANAMPILLY NAGAR, COCHIN - 682036. R1,2 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 15861/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PASSPORT NO.F5402009 ISSUED BY ATTACHE (CONSULAR) EMBASSY OF INDIA, ABU DHABI. P2: COPY OF LETTER DATED 09/09/2010 OF THE 2ND RESPONDENT. P3: COPY PETITION DATED 21/04/2011 OF THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.15861 of 2011 ---------------------------------------- Dated this the 11th day of July, 2011. J U D G M E N T According to the petitioner, while working at Abu Dhabi, on expiry of the passport, he obtained a renewed passport from the Indian Consulate therein. On arriving in India, he submitted the passport for Police Clearance Certificate. Pursuant to the enquiry, the Police authorities made an adverse report to the 2nd respondent, pointing out that the petitioner is an accused in Crime No.109/2009 of Kunnamkulam Police Station. 2. Thereupon the 2nd respondent issued Ext.P2 dtd.9.9.2010, calling upon the petitioner to submit his explanation within 15 days. The petitioner did not respond to Ext.P2 in time. On the other hand he submitted Ext.P3 explanation dtd.21.4.2011. In Ext.P3 he has no dispute about the pendency of the criminal case. 3. The passport submitted by him for obtaining Police Clearance Certificate was not returned and therefore W.P(C) No.15861 of 2011 2 this writ petition was filed seeking a direction to the 2nd respondent to consider Ext.P3 and also to return his passport. 4. Standing counsel appearing for the respondent points out that the passport was issued to the petitioner without Police verification and it was therefore a fresh police verification was necessitated. It is stated that in the police enquiry, since it is revealed that the petitioner is an accused in a criminal case, he is ineligible to be issued passport and hence the passport was not returned. 5. Section 6(2)(f) of the Passports Act renders an accused in a criminal case ineligible to be issued passport. The only exception is that he will have to make an application before the concerned Court, where the case is pending and if the Court grants permission, produce the same before the Passport Issuing Authority and seek issuance of the passport. 6. In such circumstances, at this stage, the respondents cannot be faulted for withholding the passport W.P(C) No.15861 of 2011 3 submitted by the petitioner. However it is clarified that as pointed out by this Court in Asok Kumar V. State of Kerala (2009(2) KLT 712) it is open to the petitioner to apply to the Court concerned seeking orders of the Court and if favourable orders are passed, produce the same before the 2nd respondent and the 2nd respondent shall thereupon reconsider the request of the petitioner and pass orders in the matter. The Writ Petition is disposed of. ANTONY DOMINIC ab JUDGE