Richa Agrawal filed a writ petition against Union Of India for releasing the passport surrendered by the petitioner at Regional Passport office,Jaipur.
Richa stated that she needs to go to Sharjah,UAE for her brother’s wedding on 24-11-19.
Hence, she needs the passport as soon as possible.
Richa was convicted in a Criminal case registered under S.279,337,338 IPC and the case was decided by the criminal court on 19/10/19 and was found guilty.
Fortunately, she was granted benefit under Sec. 4(1) of the Probation of Offenders Act and was let off by furnishing the bonds as per Sec.5 of the Probation of Offenders Act.
Counsel submitted that the court while passing the said order had also granted benefit of Sec.12 of the Probation of Offenders Act and observed that the conviction of the petitioner will not affect the other rights including the issuance and renewal of passport. Cunsel of Richa also submitted that she was not involved in any other case and her right has been infringed for not enabling her to go for her brother’s wedding.
Counsel submitted that as per provisions of Sec.6(2)e of the Passport Act, 1967, the petitioner has not been convicted for an offence involving moral turpitude and she has not been sentenced to imprisonment.
Mr.R.D.Rastogi, ASG submitted that the department has not committed any illegality in asking Richa to surrender her passport and further since the petitioner has been convicted by competent criminal court, and the authorities are within their domain to refuse to issue passport.
After listening to both the parties, The Court of Rajasthan held that ,
“ This court finds that the petitioner while convicted by the criminal court, also made an observation that issuance/renewal of passport will not be affected by virtue of conviction by order dated 19.10.2019. Prima facie this court finds that the petitioner is not involved in such a criminal case which could deprive her for getting her passport renewed. This court without commenting on the merits of the case and keeping in mind the order passed in the case of Pradeep Surana, deems it proper to direct the respondents to issue the passport to the petitioner for short duration as per Sec.7 of the Passport Act, 1967. The petitioner will be allowed to travel abroad from 18.11.2019 to 24.11.2019 and immediately after return from Sharjah, UAE she will surrender her passport bearing No.Z5539502 before the Regional Passport Officer, Jaipur. The order of this court may also be communicated by the Addl. Advocate General for compliance as the petitioner has to travel on 18.11.2019. This court also makes it clear that the passport Officer will also ensure that the petitioner is not involved in any case which may make her ineligible for her passport renewal. The petitioner would also file undertaking before the Officer concerned wherein she will specifically narrate the date and duration of journey and her undertaking to return back the passport.”
Hence, Richa was allowed to get her passport and to go to the wedding but had to submit the passport as soon as she is back to India.