BIBIJAN Vs. SECRETARY TO GOVT. OF INDIA, THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA AND THE PASSPORT OFFICER

JUDGEMENT

(1.) THE petitioner is before this Court seeking to direct the respondents to release the passport bearing No. H -5355690 issued on 15.05.2009 and valid up to 14.05.2019. The petitioner is also seeking for direction to accept the explanation made by her with regard to the issue of the said passport. The petitioner who had applied for the passport has been issued with passport bearing No. H -5355690. Subsequently, the respondents on having noticed that the petitioner had already been issued a passport earlier in PPT No. A -9032799 dated 24.08.2000 have issued a notice to the petitioner on 21.06.2011 (Annexure -J to the petition) alleging suppression of fact by the petitioner and also intimating her that the same would amount to violation of the provisions of Passport Act, 1967 and therefore, explanation was sought from the petitioner. The petitioner by way of reply to the same, got issued a notice through the learned advocate on 30.06.2011 (Annexure -K to the petition). The respondents have therefore issued yet another communication to the petitioner on 05.07.2011 (Annexure -L to the petition) seeking for production of certain documents which had been mentioned therein. The petitioner, thereafter submitted explanation dated 05.08.2011 (Annexure -M to the petition) enclosing certain documents along with the same. According to the petitioner, explanation put forth if considered by the respondents would satisfy the requirement where the petitioner has explained the circumstances under which the passport had been sought by the petitioner and had been issued to her. She has also stated with regard to the petitioner having no knowledge with regard to earlier proceedings.

(2.) THE respondents are yet to take a decision on the explanation that had been put forth by the petitioner. When the notice issued by the respondents discloses that an explanation was sought from the petitioner by alleging violation of provisions of the Passport Act and when the petitioner has put forth certain explanation, which is yet to be considered by the competent Authority, I am of the opinion, at this juncture, no positive mandamus to release the passport as prayed in the instant petition be issued nor a direction to accept the explanation could be made in the instant petition. However, when the petitioner in reply to the notice has put forth her explanation and has produced documents along with the same, the respondents, certainly would have to consider the same as per law and take a decision one way or the other. Since the same has not been taken, a direction is issued to the second respondent to look into the explanation submitted by the petitioner take into consideration all aspects and come to the conclusion one way or the other and intimate the petitioner in that regard. To enable such consideration in an expeditious manner, the petitioner shall now file the copies of the explanation and the documents along with the certified copy of this order with the second respondent within three weeks from the date of receipt of a copy of this order. The second respondent shall thereafter consider the same as per law and in the manner as indicated above and intimate the result of such consideration to the petitioner as expeditiously as possible thereafter but not later than six weeks from the date on which the copies are furnished to the second respondent. All contentions are left open to be considered by the second respondent. In terms of the above, the petition stands disposed of.