1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.907 of 2008 Rozina Firoz Merchant ..Petitioner V/s. Union of India & Ors. ..Respondents. Mr.Uday Warunjikar & Mr.Saurabh Kripal, S.N. Kantawala for the petitioner. Mr.R.F. Lambay with Mr.M.S. Bhardwaj for the respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 15TH JULY, 2008 P.C. : 1. Learned counsel appearing for both the sides are agreed that the relevant facts and law in this petition are identical to the facts and law in Appellate Side Writ Petition No.7677 of 2008. One point of difference in these two writ petitions is that in this petition there is no amount deposited by the petitioner. In this petition also two additional passports issued in favour of the petitioner have been revoked and the petitioner has been allowed to use passport No.Z-1205724. 2. In Appellate Side Writ Petition No.7677 2 of 2006, Affidavit has been filed on behalf of the respondents dated 14-7-2008. Para 2(d) of that Affidavit relates to this petition. It reads as under : "2(d) Similarly, two passports of petitioner’s wife Rozina Firoz Merchant were also revoked after issuance of Show Cause Notice vide order dated 19-12-2006. I say that on 5-4-2008, her initial Passport no.Z-1205724 dt. 15-4-1998 was also impounded on her arrival in India. Aggrieved by the said impounding she preferred the Civil Writ Petition no.907 of 2008 before this Hon’ble Court seeking quashing of the impounding slip dated 5-4-2008 and return of her Passport no.Z-1205724, with interim reliefs. Vide order dated 17-4-2008, this Hon’ble Court was pleased to direct issuance of passport no.Z-1205724 originally granted to her for a temporary period of six months, in the first instance." 3. Para Nos.3 and 4 of that Affidavit are also relevant for the purpose of this petition. They read as under : "3. I say that the limited question now is whether the additional booklet of petitioner’s first passport, bearing no.Z-1263922 dt. 28-2-2005, restored vide order dated 12-12-2006 of this Hon’ble Court, shall be again revoked to permanently curtail his possibility of travelling abroad, or whether the order dated 12-12-2006 of this Hon’ble Court restoring the said passport, shall be made absolute with or without imposition of penalties. 4. I say that the first passport in lieu of which the restored additional booklet bearing no.Z-1263922 dt. 28-2-2005 was issued, did not involve any suppression or mis-declaration of 3 material information. I say that there is no dispute that Right to Travel is a fundamental right, however the petitioner is liable to be penalized for his acts of omission and commission, and suppression of facts under Rule 10(3)(b). Therefore, in case the petitioner is allowed to permanently retain the passport no.Z-1263922 dt. 28-2-2005, the same may only be allowed subject to imposition of penalties upon him." 4. In our opinion in the peculiar facts and circumstances of the case and in view of the Affidavit dated 14-7-2008 referred to above, following order would meet the ends of justice. a) The additional two passports which has been revoked shall stand revoked. b) The petitioner shall be entitled to use passport No.Z-1205724 with a right to seek renewal in accordance with law. c) The petitioner shall within a period of two weeks from today, deposit an amount of Rs.10,00,000/- with the respondent No.2. The respondent No.2 shall keep that amount invested for a period of one year. 4 d) If no incidence of violation or default in relation to the above referred passport is reported, the respondent No.2 shall deduct an amount of Rs.10,000/- as penalty and refund the balance amount to the petitioner. e) If any incidence of violation of any law in relation to the above- referred passport is reported, the respondent No.2 shall deal with it and pass order in accordance with law. f) The respondent No.2 shall also be entitled to pass such order in relation to the amount which are in deposit with him. 5. The writ petition is disposed of in terms of this order. No costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.