Read Order: Parminder Singh v. Union of India and others
Chandigarh, July 26, 2021: The Punjab and Haryana has allowed the reissue of passport to an undertrial after updation of his particulars. The High Court cited a government circular where an exception has been carved out under which the petitioner can be re-issued the passport with updated details for the period for which he has been permitted to go abroad by the concerned court.
The petitioner was aggrieved because his application for correction of particulars in the passport was not being proceeded with.
An FIR was registered against the petitioner in which charge has already been framed. During the pendency of proceedings before the trial court, an application was filed for updation of particulars in the passport which was rejected by the passport authorities on 26.11.2020.
Thereafter, another application dated 27.01.2021 was filed for updation of particulars and the status thereof on the website shows that the same was not being proceeded with on account of pendency of an FIR.
Meanwhile, Additional Chief Judicial Magistrate, Moga passed an order dated 01.07.2021 granting permission to the petitioner to travel abroad from 30.07.2021 to 09.09.2021.
In the High Court, the counsel for the petitioner submitted that the trial court has granted permission to travel abroad and thus, the passport deserves to be updated.
The counsel for passport authorities submitted that since chargesheet has already been presented, a criminal trial is pending against the petitioner. Under the circumstances, the Passports Act, 1967 prohibits reissuance of passport to the petitioner after update, the counsel said.
The bench of Justice Sudhir Mittal, however, held that vide office memorandum dated 10.10.2019, an exception has been carved out under which the petitioner can be re-issued the passport with updated details for the period for which he has been permitted to go abroad by the concerned court.
Accordingly, the writ petition was disposed of with a direction to the passport authorities to consider the case of the petitioner in accordance with the terms of office memorandum dated 10.10.2019 and re-issue the passport for the period that he has been permitted to travel abroad.