THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO:27434 OF 2010 O R D E R: The writ petitioner solicited renewal of her passport bearing No.A 8053567 that was not accorded by the Regional Passport Officer, Secunderabad, as the writ petitioner was facing prosecution in a criminal case. The writ petitioner has moved Crl.M.P.No.6991 of 2010 in C.C.No.574 of 2008 on the file of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, seeking the police to give an endorsement of “no objection” for securing renewal of her passport. Considering the said application, the learned Magistrate passed orders on 10.05.2010 allowing the said application and directed the respondents-police authorities before him to issue “no objection” certificate to the petitioner to go abroad for a period of six months. The learned Magistrate has also directed the writ petitioner herein to furnish an undertaking in writing to the said Court that she shall, if required by the Court, appear before the Court at any time during the continuance and subsistence of the passport so issued. In pursuance of the orders passed by the learned Magistrate on 10.05.2010, the necessary no objection certificate has been furnished to the Regional Passport Officer, Secunderabad, on 10.08.2010. However, on 26.09.2010, the Regional Passport Officer required the writ petitioner to furnish the necessary documents and penalty within a month. Since the Regional Passport Officer has not accorded the renewal of passport of the writ petitioner, the present writ petition has been instituted. At my request, Mrs. S.Nanda, the learned Central Government Standing Counsel, has secured necessary instructions from the Regional Passport Office, Secunderabad. It is pointed out by the Regional Passport Officer in his written instructions dated 10.11.2010 addressed to the learned counsel Mrs. S.Nanda that the certified copy of the order dated 10.05.2010 passed by the learned Special Judicial 1st Class Magistrate for Prohibition and Excise, Guntur, in Criminal M.P.No.6991 of 2010 in C.C.No.574 of 2008 has not been furnished and that the copy of the undertaking furnished by the petitioner to the said Court has also not been furnished. It is further pointed out by the Regional Passport Officer that a sum of Rs.5,000/- as a penalty has got to be paid by the petitioner for suppression of information in Column No.17 of the passport application, regarding her involvement in criminal proceedings, in accordance with Section 12 (1) (B) of the Passport Act, 1967. For the purpose of regulating the exercise of issuance of the Passports / Travel Documents, etcetera, the Parliament enacted the Indian Passport Act, 1967 – Act No.15 of 1967 (henceforth referred to as ‘the Act’). Section 3 of the Act mandates that no person shall depart from, or attempt to depart from India, unless he holds in this behalf a valid passport or travel document. Section 5 deals with the manner of application for securing the Passport and the method of dealing with the same. Section 6 of the Act laid down the conditions, subject to which the Passport Issuing Authority can refuse to make an endorsement for visiting any country or refuse to issue a Passport or Travel Document for visiting any foreign country. It is significant to notice that Clause (f) of Sub-section (2) of Section 6 of the Act, makes it clear that the Passport Issuing Authority shall refuse to issue a Passport or a Travel Document for visiting any foreign country to a person against whom proceedings in respect of an offence alleged to have been committed by him are pending before a criminal court in India. Therefore, the writ petitioner has a genuine apprehension that her request for re-issuance / renewal or revalidating her Passport, by the Passport Issuing Authority, will not be acceded to. However, recognizing the fact that right to travel abroad forms an important facet of right to life, guaranteed by Article 21 of our Constitution, the Government of India in their Ministry of External Affairs has published notification through their G.S.R.No.570(E),dated 25-08-1993, in exercise of the power available to them in terms of Clause (a) of Section 22 of the Act, prescribing the conditions subject to which a Passport or a Travel Document can be issued in respect of persons, who are alleged to have been involved in any offence pending in a criminal court in India. It is significant to note that in Clause (a) (iii) of the said notification in G.S.R.No.570(E), dated 25-08- 1993, it is clarified that if a competent Court gives permission to any person to travel abroad for less than one year period, but not specifying the period of validity of the Passport, the Passport shall be issued for a period of one year only. Clause (iv) further says that if the order gives permission to travel abroad for a period exceeding one year, but does not specify the validity period of the Passport, then the Passport shall be issued for the period of travel abroad as specified in the Court order. It is imperative for the petitioner to provide the certified copy of the orders passed by the learned Magistrate referred to supra and also certified copy of the undertaking furnished by her to the said Court. It is further imperative that the writ petitioner shall pay the penalty of Rs.5,000/- for securing renewal of her passport. Therefore, the respondents are directed to renew the passport of the writ petitioner bearing No. A 8053567 within a period of 15 days from the date of receipt of the certified copies of the orders passed by the learned Magistrate in Criminal M.P.No.6991 of 2010 in C.C.No.574 of 2008 and the certified copy of the undertaking furnished by the writ petitioner to the said Court and also on payment of Rs.5,000/- (Rupees five thousand only) as penalty in the office of the Regional Passport Officer, Secunderabad. The Writ Petition stands disposed of. No costs. --------------------------------- Nooty Ramamohana Rao, J 11th November 2010 Note:- Issue C.C. by Monday (BO) bud