HC to decide if passport can be impounded ‘without reason...’

Soumyadip Mullick, MP, 30 July 2024, Kolkata: The Calcutta High Court is soon to decide whether a passport can be impounded by the passport authorities allegedly without stating any reason and before the end of the show-cause period solely on the basis of a police report. 

The case concerned the impounding of a passport at the time of renewal on the grounds of suppression of information by the holder in relation to a criminal case pending against him. The petitioner is seeking to go abroad for medical treatment and claims his constitutional rights were violated. 

The Bench of Justice Amrita Sinha on Monday was hearing a case wherein the petitioner’s advocate submitted that the passport was received in 2008 with a 10-year validity. 

In 2012, a criminal case was filed against the petitioner by a distant relative for allegedly not returning money borrowed for buying shares. It was submitted that no charges were framed against the petitioner then. In 2018, the petitioner applied for renewal and had selected the option ‘no’ where it was required of him to declare whether any criminal cases were initiated against him in any court of law. 

The petitioner submitted since there was no case initiated against him in 2018, he chose that option. However, soon, on the basis of a police report, he was served a show cause notice by the passport authorities, asking him to reply within 14 days. He also paid a fine of Rs 5000, as claimed by the petitioner’s counsel. 

It was argued by the counsel that even before the end of the 14 days, within just six days the passport was impounded and no reason was recorded for the action which was taken solely on the basis of the report by an external authority (police). 

The counsel relied on Section 10 (5) of The Passports Act which states if the passport is impounded the passport authority shall record in writing a brief statement of the reasons for making such order and furnish to the holder of the passport on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such a copy. 

Since the respondent’s counsel submitted that now charges have been framed and the case is under trial, the petitioner’s counsel argued that the petitioner has no intentions of escaping which he could have done after the case was filed in 2012 against him. 

“Hence, there is no such mens rea involved here,” submitted the counsel. While arguing the case, the petitioner’s counsel referred to judgements in cases Vangala Kasturi Rangacharyulu vs Central Bureau of Investigation, and Kamal Kumar Narottam Dash Parekh Vs. Superintendent (Administration) Regional Passport Office, Ministry of External Affairs & Ors, among other judgements. The matter is to be taken up for hearing again in August. 

https://www.millenniumpost.in/bengal/will-resist-all-attempts-to-divide-bengal-mamata-573742?infinitescroll=1