IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 24051 of 2010(F) -------------------------- PETITIONER(S): --------------------- HARRIS FERNANDEZ, S/O. VALANTINE FERNANDEZ, AGED 61 YEARS, RESIDING AT MALEYAKKAL HOUSE, PERINGAL PARA, MULAMTHURUTHY. BY ADV. SRI.T.I.DANIEL RESPONDENT(S): ----------------------- 1.( MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM.) ADDRESS OF R1 IS CORRECTED * *ADDRESS OF R1 IS CORRECTED AS: 1. UNION OF INDIA, REPRESENTED BY HE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, PATIYALA HOUSE, THILAK MARG, NEW DELHI, REPRESENTED BY THE ASSISTANT SOLICITOR GENERAL, HIGH COURT OF KERALA, ERNAKULAM (AS PER ORDER DT 12.8.2010 IN IA 10847/10) 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM, PIN-682 036. 3. THE S.I. OF POLICE, MULAMTHURUTHY POLICE STATION, MULAMTHURUTHY, PIN-682 314. 4. THE ASSISTANT SUB INSPECTOR OF POLICE, KADAVANTHRA POLICE STATION, KOCHI CITY-20. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 & R2 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24051 OF 2010 (F) ===================== Dated this the 30th day of September, 2010 J U D G M E N T Petitioner has applied for a passport. But however, on account of the fact that he is an accused in CC No.307/07 on the file of the Judicial First Class Magistrate-I, Ernakulam, the respondents are not processing the application. It is contending that the offence alleged against the petitioner is one under Section 138 of the Negotiable Instruments Act and the pendency has no relevance in so far as the passport applied for is concerned, this writ petition has been filed. 2. However, as rightly pointed out by the respondents, in view of the provisions contained in Section 6(2)(f) of the Passports Act, 1967, there is a total prohibition for the issuance of passport to persons who are facing criminal prosecutions. In that view of the matter, respondents cannot be faulted for not processing the application made by the petitioner. However, even according to the respondents, the Ministry of External Affairs, Government of India have issued Ext.R2(A), order dated 25th of August, 1993, which provides that if an applicant like the petitioner produces WPC No. 24051/10 :2 : order of the Court where the criminal case is pending permitting him to obtain the passport, such applicant is exempted from the rigour of Section 6(2)(f). 3. In that view of the matter, the recourse available to the petitioner is to move the Judicial First Class Magistrate-I, Ernakulam, where the aforesaid case against him is pending to obtain orders as provided in the Government Order referred to above and produce the same before the Passport Authority. It is directed that if such an order is produced, the Passport Authority will process the application made by the petitioner and take appropriate action in the matter without any further delay. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp