Passport surrender issue
Reformist !!!
(Querist) 03 August 2013
This query is : Resolved
Hi Friends,
My lovely wife filed a complaint to RPO to impound or get my passport surrendered as i travel frequently.
RPO issued me a letter to surrender the same immidiately otherwise they will take action against me under passport act 1967. I replied to him via a written letter and told him that the case is false and wife wants to extort money. I did not received any reply from them (RPO) so far from last 2 months.
Now, sometime back the lovely has submitted an application in TRIAL Court(498a/406) to direct me to surrender the passport in the Court mentioning the ground that i am an employee with MNC and will travel to abroad and will never come back and justice will be denied and thus i shall surrender my passport to the trial court. I dont know what cognisance RPO took as it may happen that RPO said them that only court may order to surrender the passport and thats why they have filed this application in Trial court.
Now Judge asked me to file a reply on next date............Pls guide me what shall i do.
Give me some judgements too and it would be great if someone who won such arguments pls share the details.
AND If anyone has any drafted reply to such applications, pls share the same with me too.
Awaiting quick reply. I have next date in a week.
Advocate M.Bhadra
(Expert) 03 August 2013
File a Revision petition in High Court for impounding the Pass Port.
Section 6(2) in The Passports Act, 1967
(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.
Calcutta High Court
Abhijit Sen vs Superintendent ... on 18 September, 2003
Equivalent citations: 2004 (1) CHN 66, 2004 CriLJ 1281
Author: D Seth
Bench: D Seth, R Sinha
In the circumstances, subject to the decision of this Court we relax the order restraining the appellant/petitioner from leaving India on the basis of the passport granted to him. Till the decision of this application the petitioner shall be entitled to leave India on the basis of the passport. If already impounded, the passport be released to him on the basis of the security already deposited with the Registrar, Original Side. However, this is subject to the condition that the appellant/petitioner shall inform his itinerary before leaving India to the Regional Passport Authorities as well as the Officer-in-Charge, Lake Police Station and the expected dates when he is supposed to come back and every time he leaves India and comes back whenever to India, he will send information to the said respective officers.
Reformist !!!
(Querist) 04 August 2013
passport has not been impounded yet. Trial court judge just asked me to file a reply on their application. Pls guide me accordingly ie what shall i reply ?
If u have any drafted reply pls shhare...I have got some judgements, but pls add some points which i can mention in reply.
Rajendra K Goyal
(Expert) 04 August 2013
Submit the reply after getting it drafted by your lawyer.
Raj Kumar Makkad
(Expert) 05 August 2013
You are required to file the reply against the application seeking surrender of your passport. It is better to engage a local lawyer for this purpose as we don't provide the formats.
