Case Note & Summary
The petitioner, Ms. Chandbibi Zaidi, filed two writ petitions challenging the order dated 05/02/2016 passed by the Appellate Authority under Section 11 of the Passport Act, 1967, which impounded her passport on the ground of suppression of pending criminal proceedings against her. The order stated that the passport was impounded under Section 10(3)(b) and (e) of the Passport Act, concluding that the petitioner was guilty of suppression of information relating to prosecution. The Appellate Authority gave liberty to the petitioner to apply before the concerned criminal court for a 'No Objection Certificate' for restoration of the passport facility. The petitioner sought to challenge this order. The court heard the parties and noted that the impounding was based on the petitioner's failure to disclose criminal cases pending against her at the time of applying for the passport. The court observed that the Passport Act requires applicants to disclose any pending criminal proceedings, and suppression of such information is a valid ground for impounding the passport. However, the court also recognized that the petitioner could seek a No Objection Certificate from the criminal court to have the passport restored. The court did not interfere with the impounding order but allowed the petitioner to approach the criminal court for appropriate relief. The judgment was delivered by a Division Bench of the Bombay High Court on 18th December 2018.
Headnote
A) Passport Law - Impounding of Passport - Suppression of Criminal Proceedings - Section 10(3)(b) and (e) of the Passport Act, 1967 - The Appellate Authority impounded the petitioner's passport for suppressing information about pending criminal cases. The court held that the impounding was justified but granted liberty to the petitioner to approach the criminal court for a No Objection Certificate to seek restoration of the passport. (Paras 3-5)
Issue of Consideration
Whether the impounding of the petitioner's passport under Section 10(3)(b) of the Passport Act, 1967, on the ground of suppression of pending criminal proceedings, is valid and whether the petitioner is entitled to restoration of passport upon obtaining a No Objection Certificate from the criminal court.
Final Decision
The court did not quash the impounding order but granted liberty to the petitioner to approach the concerned criminal court to seek a No Objection Certificate for restoration of the passport. The petitions were disposed of accordingly.
Law Points
- Passport Act
- 1967
- Section 10(3)(b)
- Section 10(3)(e)
- Section 11
- Suppression of material information
- Impounding of passport
- Right to travel
- Criminal proceedings pending
