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Can Renewal Of Passport Be Denied Citing Pendency Of Criminal Contempt Proceedings? Gujarat High Court To Examine
PRIYANKA PREET
21 July 2022 12:38 PM GMT
The Bench comprising Justice AS Supehia at the Gujarat High Court has issued notice to the Regional Passport Officer at Ahmedabad in light of a petition challenging its decision refusing renewal of passport on account of pendency of criminal contempt proceedings against the applicant.The Petitioner claimed that the Respondent had invoked Section 6(2)(f) of the Passport Act to reject...
The Bench comprising Justice AS Supehia at the Gujarat High Court has issued notice to the Regional Passport Officer at Ahmedabad in light of a petition challenging its decision refusing renewal of passport on account of pendency of criminal contempt proceedings against the applicant.
The Petitioner claimed that the Respondent had invoked Section 6(2)(f) of the Passport Act to reject renewal of passport because the Petitioner was facing charges of criminal contempt at the Bombay High Court. Thus, the High Court will examine whether the passport office can deny renewal of passport if the Applicant faces contempt of court charges.
The Petitioner, while referring to the principle of 'innocent until proven guilty', averred that the said provision and related rules made a 'mockery of the said basic cannon of law' and is discriminatory and arbitrary and violative of Articles 14,16 and 21.
The application stated that the Petitioner's passport, valid till February 2020, had expired and was pending renewal. However, since April 2017, a criminal suo moto contempt petition had been pending against the Petitioner. It is alleged that the Bombay High Court has not provided a date of hearing over 4 years. The Petitioner had since then made several trips outside of India without any attempt on his part to flee the country. Subsequently, the Petitioner applied for the renewal of passport in October 2019 which was rejected without any official communication, the plea said. Upon re-applying in 2022, the Petitioner's application was rejected again.
Aggrieved with the decision of the Respondent authority, the Petitioner filed the instant petition with the chief contention that the authority had wrongly invoked Section 6(2)(f) of the Act.
Another contention of the Petitioner is that the maximum punishment for criminal contempt is simple imprisonment of six months or with fine up to two thousand rupees or both. Thus, the Petitioner has been charged with a petty crime. It is also submitted that criminal contempt of court was neither a criminal offence as per IPC nor is it a stand-alone criminal proceeding.
The Petitioner placed reliance on Daler Singh v. Union of India to reiterate that a passport could not be refused merely on the ground that an FIR had been registered. Reference was also made to Maneka Gandhi v. Union of India 1978 (1) SCC 248, where the Supreme Court had emphasised 'fair play' as a facet of natural justice and had held that refusal or impounding a passport interferes with basic human rights.
The matter is listed for hearing on August 26.
Case Title: Vishwas Sudhanshu Bhamburkar v/s The Regional Passport Officer
