IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13373 of 2005 Between: Sri Sant Esher Singh S/o.Late Bahadur Singh R/o.14-3-3, Goshamahal, Hyderabad. ..... PETITIONER AND 1 The Regional Pass Port Authority Secunderabad. 2 Union of India rep by its Secretary, Ministry of Foreign Affairs, New Delhi .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue appropriate writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of respondent No.1 in not renewing the petitioners Pass Port as illegal, arbitrary and violative of Petitioners Fundamental rights guaranteed to him under the Constitution of India and direct the respondent No.1 herein to immediately renew the Pass Port of Petitioner bearing No.X 545622 in the interest of justice and pass such other and further order or roders. Counsel for the Petitioner:MR.MILIND G GOKHALE Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: This writ petition is filed seeking a declaration that the action of the 1st respondent in not renewing the passport of the petitioner as arbitrary and illegal. It is not in dispute that the petitioner herein was convicted in S.C.No. 186 of 1989 on the file of the III Metropolitan Sessions Judge (the Designated Court) for an offence registered under TADA (Prevention) Act, 1987 and was sentenced to suffer rigorous imprisonment for five years apart from payment of fine of Rs. 1000/- and in default to suffer simple imprisonment for one year. Subsequently, the Governor of Andhra Pradesh in exercise of power conferred under Article 161 of the Constitution of India granted pardon and the un-expired residue sentence in respect of the petitioner was remitted vide G.O.Ms.No. 227 Home (Prisons C) Department dt. 15.10.2004. Thereafter the petitioner, whose passport expired on 25.12.1995, made an application dt. 28.10.2004 seeking renewal of his passport. Alleging that the 1st respondent failed to consider his application for renewal, the present writ petition has been filed. A detailed counter affidavit is filed on behalf of the respondents stating that the petitioner is not entitled for renewal of passport since he was convicted in S.C.No. 186 of 1989. It is also stated that in view of Section 10(3)(d) of the Pass Ports Act, 1967, the Passport Authority is empowered to revoke the passport where the holder of the passport is convicted by a court in India for any offence involving moral turpitude. However, the learned Counsel for the petitioner vehemently contended that the conviction of the petitioner in S.C.No. 186 of 1989 was only for an offence under TADA (Prevention) Act, 1987, which did not involve moral turpitude and therefore the action of the 1st respondent in not renewing the passport of the petitioner is arbitrary and illegal. Be that as it may, admittedly as on today no order as such has been passed by the 1st respondent on the application of the petitioner dt. 28.10.2004 for renewal of his passport. In the circumstances, I am not inclined to go into the merits of the case and express any opinion as to the contention of the petitioner that his conviction under the provisions of TADA (Prevention) Act 1987 being not an offence involving moral turpitude is not a bar for renewal of his passport. Instead, I deem it appropriate to dispose of the writ petition with a direction to the 1st respondent to consider the application of the petitioner dt. 28.10.2004 for renewal of his passport and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner to substantiate his claim that his conviction in S.C.No. 186 of 1989 does not disentitle him for renewal of his passport. Such excise shall be completed as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of this order. No order as to costs. ________________ 12th March, 2009. Krb. THE HON’BLE MS.JUSTICE G.ROHINI WRIT PETITION No. 13373 of 2005. Dated 6th March, 2009.