Case Note & Summary
The applicants, Ravi Rangnathan Iyer and Radhika Ravi Iyer, filed a criminal application before the Bombay High Court challenging an order passed by the 9th Judicial Magistrate First Class, Thane, in R.C.C. No. 1337 of 2011. The impugned order dated 03.12.2018 pertained to Exhibits 107 and 113, whereby the Magistrate had directed renewal of the applicants' passports for a period of only two years, instead of the statutory validity period of ten years under the Passport Act, 1967. The applicants were charge-sheeted for offences under Sections 420, 406, 467, and 468 read with 34 of the Indian Penal Code, and the case was pending before the competent court. The applicants' counsel argued that the Magistrate ought to have left the renewal period to the discretion of the passport authority, as per the notification issued by the Ministry of External Affairs on 25.08.1993, which provides that if the court specifies a period, the passport shall be issued for that period, but otherwise the passport authority may issue it for the standard ten-year period. The counsel contended that there was no reason to curtail the period to two years, causing unnecessary difficulties and delays. The High Court, after hearing the applicants' counsel and perusing the application and annexures, held that the Magistrate's order restricting the renewal to two years was unwarranted. The court noted that the notification dated 25.08.1993 allows the court to specify a period, but if no period is specified, the passport authority may issue the passport for the standard period. The court found that the Magistrate had no justification to curtail the period and that the applicants should be entitled to renewal for the full ten-year period. Accordingly, the court allowed the application and set aside the impugned order to the extent it restricted the renewal to two years, directing that the passport authority may renew the passports for a period of ten years, subject to the applicants complying with the rules and regulations.
Headnote
A) Criminal Procedure - Passport Renewal - Validity Period - Section 5(3) Passport Act, 1967 - Notification dated 25.08.1993 - The Magistrate cannot restrict the renewal of passport to two years when the statutory validity period is ten years; the court should leave the period to the discretion of the passport authority as per rules. Held that the order curtailing the period was unwarranted and caused difficulties. (Paras 1-4)
Issue of Consideration
Whether the Magistrate can restrict the renewal of passport to a period less than the statutory validity period of ten years under the Passport Act, 1967.
Final Decision
The application is allowed. The impugned order dated 03.12.2018 passed by the 9th Judicial Magistrate First Class, Thane, in R.C.C. No. 1337 of 2011, to the extent it restricts the renewal of passports to two years, is set aside. The passport authority may renew the passports of the applicants for a period of ten years, subject to compliance with rules and regulations.
Law Points
- Passport renewal period cannot be curtailed by Magistrate
- Passport Act 1967 Section 5(3)
- notification dated 25.08.1993
- discretion of passport authority
