Case Note & Summary
The petitioners, Rajinder Kaur Jaspal Singh Layal, Kanwarpal Singh Jaspal Singh Layal, and Susmeet Singh Jaspal Singh Layal (a minor represented by his mother), filed a writ petition before the Bombay High Court challenging three orders dated 22nd December 2020 and 23rd December 2020 passed by the Regional Passport Officer, Mumbai, impounding their passports under Section 10(3) of the Passports Act, 1967. The petitioners contended that the impugned orders were passed without any notice or opportunity of hearing and without assigning any reasons, thereby violating principles of natural justice. The court, after hearing the parties, observed that the orders were indeed passed without hearing the petitioners and without any reasons. The court held that such orders are unsustainable in law and accordingly quashed and set aside the impugned orders. The court directed the respondents to return the passports to the petitioners within two weeks from the date of the order. The petition was allowed with no order as to costs.
Headnote
A) Passports Act, 1967 - Impounding of Passport - Section 10(3) - Natural Justice - The orders impounding passports were passed without any notice or opportunity of hearing to the petitioners and without recording any reasons. Held that such orders are in gross violation of principles of natural justice and cannot be sustained. (Paras 1-2)
B) Passports Act, 1967 - Impounding of Passport - Section 10(3) - Reasons - The impugned orders merely stated that the passport holder is involved in a case without specifying any details or reasons. Held that an order impounding a passport must be a reasoned order. (Para 2)
Issue of Consideration
Whether the impugned orders impounding the passports of the petitioners are sustainable in law when they were passed without affording an opportunity of hearing and without assigning any reasons.
Final Decision
The court allowed the petition, quashed and set aside the impugned orders dated 22nd December 2020 and 23rd December 2020, and directed the respondents to return the passports to the petitioners within two weeks from the date of the order. No order as to costs.
Law Points
- Natural justice
- Passports Act
- 1967
- Section 10(3)
- Impounding of passport
- Right to be heard
- Reasoned order
Case Details
2023 LawText (BOM) (12) 45
Writ Petition No. 4917 of 2022
A. S. Chandurkar, Firdosh P. Pooniwalla
Ms. Bharti Sharma i/b. Mr. Rajesh D. Bindra for the Petitioners, Mr. Y. R. Mishra a/w. Mr. D. A. Dube for Respondent Nos. 1 & 2-UOI, Mr. Aniesh Jadhav a/w. Mr. Rushikesh Kekane for Respondent No.3
Rajinder Kaur Jaspal Singh Layal, Kanwarpal Singh Jaspal Singh Layal, Susmeet Singh Jaspal Singh Layal
Union of India, Regional Passport Officer, Gurvinder Chanan Singh Layal
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging orders impounding passports.
Remedy Sought
Quashing and setting aside of three orders dated 22nd December 2020 and 23rd December 2020 impounding the petitioners' passports.
Filing Reason
The petitioners' passports were impounded without any notice or opportunity of hearing and without assigning any reasons.
Issues
Whether the impugned orders impounding passports are sustainable when passed without hearing the petitioners?
Whether the impugned orders are sustainable when passed without recording any reasons?
Submissions/Arguments
The petitioners argued that the impugned orders were passed without any notice or opportunity of hearing and without any reasons, violating principles of natural justice.
The respondents did not contest the petition on merits; they submitted to the court's order.
Ratio Decidendi
An order impounding a passport under Section 10(3) of the Passports Act, 1967 must be passed after affording an opportunity of hearing to the passport holder and must be a reasoned order. Orders passed in violation of these principles are unsustainable.
Judgment Excerpts
The Petitioners have filed the present Petition seeking quashing and setting aside of two Orders dated 22nd December 2020 and one Order dated 23rd December 2020.
Rule. Rule made returnable forthwith and heard finally by consent of the parties.
Procedural History
The petitioners filed Writ Petition No. 4917 of 2022 before the Bombay High Court challenging three orders dated 22nd December 2020 and 23rd December 2020 passed by the Regional Passport Officer, Mumbai, impounding their passports. The petition was heard on 15th December 2023 and allowed.
Acts & Sections
- Passports Act, 1967: Section 10(3)
