Section 6.2 (f) relates to a situation where the
applicant is facing trial in a criminal court.
Admittedly, at present, the conviction of the
appellant stands still the disposal of the criminal
appeal. The sentence which he has to undergo is for a
period of one year. The passport authority cannot refuse
the renewal of the passport on the ground of pendency of
the criminal appeal.
The passport authority is directed to renew the
passport of the applicant without raising the objection
relating to the pendency of the criminal appeal in this
Court. Subject to the other conditions being fulfilled,
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1342/2017
VANGALA KASTURI RANGACHARYULU Vs
CENTRAL BUREAU OF INVESTIGATION.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE B.R. GAVAI
Dated: 27-09-2021
UPON hearing the counsel the Court made the following
O R D E R
IA 52346/2021 in Crl.A. No. 1343/2017
The applicant was convicted for offences
punishable under Sections 120-B,420, 468, 471, 477 A of
the Indian Penal Code read with Section 13 (2) read
with Section 13 (1) of the Prevention of Corruption
Act, 1988. The appeal filed by him was dismissed by
the High Court. However, the sentence was reduced to
a period of one year.
The application for exemption from
surrendering filed by the applicant was allowed. Leave
was granted in the criminal appeal filed by the
applicant on 12.07.2017. The appeal is pending
consideration.
In the meanwhile, the applicant has filed this
application for a direction to the respondent to give
no objection for renewal of his passport which expired
on 12.11.2017. The applicant has contended that the
application filed by him for renewal of passport was
not considered. In spite of his repeated efforts,
including filing of an application under the Right to
Information Act, he was not informed the reason for non
renewal of his passport. It is averred in the
application filed for direction that the application
was orally informed that the renewal of the passport
was not being done due to the pendency of the criminal
appeal in this Court.
Mr. J.K.Sud, learned Additional Solicitor
General appearing for the respondent oppose the
application and submitted that renewal of passport can
be only after application obtains permission from the
concerned trial court. He referred to Section 6.2 of
the Passport Act, 1967 and argued that the passport
authority has the power to refuse issuance of the
passport in view of the pendency of the criminal appeal
filed by him. He submitted that sub-Section 6.2 (e) and
(f) of the Passport Act, 1967 would be applicable to
this case and the applicant is not entitled to seek
renewal passport without obtaining permission from the
trial court.
Section 6.2 of the Passports Act, 1967 reads as
follows:
x x x x x x x x x x
(2) Subject to the other provisions of this Act, the
passport authority shall refuse to issue a passport or
travel document for visiting any foreign country under
clause (c) of sub-section (2) of section 5 on any one
or more of the following grounds, and on no other
ground, namely: -
(a) that the applicant is not a citizen of
India.,
(b) that the applicant may, or is likely to,
engage outside India in activities prejudicial
to the sovereignty and integrity of India.,
(c) that the departure of the applicant from
India may, or is likely to, be detrimental to
the security of India;
(d) that the presence of the applicant outside
India may, or is likely to, prejudice the
friendly relations of India with any foreign
country;
(e) that the applicant has, at any time during
the period of five years immediately preceding
the date of his application, been convicted by a
court in India for any offence involving moral
turpitude and sentenced in respect thereof to
imprisonment for not less than two years;
(f) that proceedings in respect of an offence
alleged to have been committed by the applicant
are pending before a criminal court in India;
(g) that a warrant or summons for the appearance,
or a warrant for the arrest, of the applicant has
been issued by a court under any law for the time
being in force or that an order prohibiting the
departure from India of the applicant has been
made by any such court;
(h) that the applicant has been repatriated and
has not reimbursed the expenditure incurred in
connection with such repatriation;
(i) that in the opinion of the Central Government
the issue of a passport or travel document to the
applicant will not be in the public interest.
The refusal of a passport can be only in case
where an applicant is convicted during the period of 5
years immediately proceeding the date of application for
an offence involving moral turpitude and sentence for
imprisonment for not less than two years.
Section 6.2 (f) relates to a situation where the
applicant is facing trial in a criminal court.
Admittedly, at present, the conviction of the
appellant stands still the disposal of the criminal
appeal. The sentence which he has to undergo is for a
period of one year. The passport authority cannot refuse
the renewal of the passport on the ground of pendency of
the criminal appeal.
The passport authority is directed to renew the
passport of the applicant without raising the objection
relating to the pendency of the criminal appeal in this
Court. Subject to the other conditions being fulfilled,
the Interlocutory Application stands disposed of.
(B.Parvathi) (Anand Prakash)
Court Master Court Master
Print Page
No comments:
Post a Comment