Passport impounded for no permanent address

Software Architect

Hello folks,

My brother is facing a strange issue. He got his passport under tatkal scheme in Nov '12 and he mentioned his present and permanent address as the one where we were and are staying on rent from last 4 years.We have already sold our property where we grew up and therefore there is no permanent address we can provide apart from the current rented accommodation.He has all docs like Voter Id,Aadhar card etc. on the same address.Last year we received a show cause notice  from Passport Office when he was out of country so my father went there and meet the officer at RPO,Ghaziabd and they said he need to submit an affidavit stating that he don't have any other permanent address and he can do that once he is back.Recently when he was in India on vacation we asked him to visit RPO to submit the affidavit.He went there but to his dismay they impounded his passport and keep harassing him.First he passport officer said that everyone must have his own permanent home to get the passport.He also asked him to bring the NOC from our owner stating that he has no objection in having his flat's address as my bro permanent address along with PAN card copy to match the owners signatures.Since we have very good relation with our owner we managed to get that .Now, he is saying this is not sufficient we will send  this NOC to police for verification .Since this may cause a delay and my brother has to return back to his job we objected that.He then asked us to bring our owner to RPO to verify his identity.I am now thinking is it seriously a law that a person without having home can't have a passport or can't show permanent address?And is that law so serious that your passport can be Impounded?Any help/suggestion will be highly appreciated.

 
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Dy Director

please see

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=102742&offset=0#.U4NPHHb5ugA

 

is it same case.

 
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HI Anuj , I have similar issue , can u please suggest the next steps Regards Ashish

 
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I am facing the same issue with Gaziabad PSK. I don't have a permanent address and Passport office asking me to submit an affidavit. My landlord already denied to give the NOC.

If there is someone got any solution for this?

Please help.

 
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First one must read and understand the relevant Sections of the Passports Act 1967, it's Rules and Notifications. They can be read at http://passportindia.gov.in/AppOnlineProject/online/PassportAct There are also links given in this website to lodge grievances and track them.

 

For impounding or revoking the passport, the passport authority has to satisfy itself if anything under Section 10(3) of Passports Act 1967 has been actually violated. If nothing has been violated then such impounding or revocation is illegal. Then as per 10(5) Passports Act 1967, one can ask to get the reason for impounding or revocation in writing be given to you and appeal to the appellate authority. If still no justice then one may approach High Court for writ.

 

What is the meaning of the expression "permanent address"? This expression has not been defined under Passports Act or its Rules. Anything that is not written in enactment does not exist. I would like to know if there is any enactment that defines "permanent address".

 

Can there be some address that is "permanent"? Probably yes, but only when one reaches to rest permanently in the burial ground or cremation ground. Till then every address is non permanent. Why? Because you can any time sell your house and move to another house. To reside anywhere is your fundamental right under Constitution of India. In other words to NOT have a so called permanent address is also your fundamental right. You may be constantly on the move or live in a mobile house like in a vehicle because right to travel anywhere in India is also your fundamental right. Getting passport is your legal right under Passports Act 1967. It cannot be denied, impounded or revoked merely on the ground that you do not own sufficient property or you do not own a property to reside in it.

 

Where one is ordinarily residing is supposed to be the so called permanent address. Since to NOT have a so called permanent address is also your fundamental right that is why instead of talking about "permanent address", the Rule 3(2) of Passport Rules 1980 talks about "ordinarily residing" and "not ordinarily residing". Since no address can be actually "permanent", similarly Rule 51(b) of Arms Rules 1962 talks about "ordinarily resides". Similar expressions like ordinarily resident can be found in various enactments like Section 19(b) of the Representation of the People Act etc. etc.

 

When someone is giving proof of residence to the satisfaction of Passports Act and it's Rules, why do you have to give affidavit or so called NOC from landlord? Under which provisions of law these are being demanded? Why would any landlord give so called NOC for something which he has no concern with or competence to give?

 
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