Would it really be 'Contempt of Court'
joe
(Querist) 24 March 2011
This query is : Resolved
Dear all,
I found the following on a Newspaper site. I do not agree with this Advocate. How do you feel?
Contempt of court! by Adv Govind Usno Bhobe, Panjim
http://www.oheraldo.in/newscategory/Letters/13
In a landmark judgment reported in ‘AIR 2001 Bombay 60’, the Bombay High Court held that any amendment sought by a passport holder for making corrections regarding date of birth, the Passport Authority is competent to do this. Such matters need not be referred to a Judicial Magistrate; they are overburdened and are not conferred with such jurisdiction under law. The judgment also gave standing directions to the Passport Authority to hold an enquiry and effect necessary changes in respect of change of date of birth or place of birth.
However, whenever an application is made to change wrongly recorded date of birth or place of birth, the office of the Passport Authority, Panjim, directs the aggrieved applicant to get a ‘court order’. This shows scant regard for the High Court’s order.
I wrote several Registered AD letters to the Passport Officer, Panjim, to bring to his notice this High Court order, enclosing copies of the order. Notwithstanding, the Passport Authority has not mended its way. Is this not contempt of court? Bureaucrats should not ignore the cardinal principle that service to mankind is their motto.
Advocate. Arunagiri
(Expert) 24 March 2011
This is only a irregularity, not contempt.
You info in the date of birth is not very clear. The passport officer can not hold the enquiry on the date of birth. Only when there is mistake with the authorities when recording the DOB, they will change the same.
But, when you want to change the DOB subsequently, it can be done only by court order.
