BENGALURU: The Karnataka High Court on Monday upheld an endorsement by the Regional Passport Office to decline re-issuance of passport with a validity of 10 years to a petitioner whose criminal case is pending before the sessions court.
Justice M Nagaprasanna while hearing a petition by Santhosh Beejadi Srinivasa, whose criminal case is pending before the sessions court, specifically said that nowhere in the rules under the Passports Act was it indicated that a separate yardstick could be applied to ignore the criminal case pending against the petitioner for issuance or renewal/reissue of a passport.
“The rules cannot be rendered flexible to such circumstances by a stroke of a pen or a fiat of this court in the exercise of its jurisdiction under Article 226 of the Constitution of India. As long as Section 6(2)(f) stares at any application, be it for fresh passport, renewal or re-issuance, such application cannot be directed to be granted diluting the rigour of Section 6(2)(f),” the court said.
The High Court, however, said the petitioner could approach the sessions court where a criminal case was pending against him, and seek issuance of a short-validity passport, but the sessions court should consider such application strictly in consonance with the act.
The passport was issued to the petitioner Srinivasa on April 11, 2014, which was valid up to April 10, 2024. During this period, the petitioner got embroiled in a crime registered for offences punishable under Sections 302, 201, 120-B and 182 read with 34 of the IPC, over the death of his mother. He was accused number 2 and his father and wife were accused number 1 and 3.
While the proceedings were pending before the sessions court in Tumakuru, Srinivasa made an application for re-issuance of the passport. But the Regional Passport Office declined his application on account of the pending criminal case, which led to the petitioner moving the High Court.