Filing of FIR no ground for impounding passport: Bombay HC

MUMBAI: Only because a first information report is registered or a chargesheet is filed is no reason to impound the passport of a person, said the Bombay high court last week while granting relief to a Thane businessman.
Justices Revati Mohite-Dere and Madhav Jamdar heard a petition by Sanjeeb Das challenging the November 15, 2019 order passed by the chief passport officer (CPO), New Delhi, dismissing his appeal.On March 7, 2019 the deputy passport officer, Regional Passport Office, Mumbai, impounded Das’s passport under the Passports Act, 1967. The CPO confirmed the order. Das’ petition said CBI had filed an FIR against him and thereafter issued a look-out circular.
Das’ advocate Aseem Naphade said the CPO’s opinion that registration of FIR leads to impounding of the passport is legally not sustainable and as such shows non-application of mind. The CPO’s order stated that after going through the record, in light of full facts and circumstances of the case, Das’ appeal and a personal hearing with his counsel, it decided that “the action of the passport officer in impounding the pass was in order.” The judges told Union’s advocate D P Singh they would remit the matter to the CPO to consider it afresh and pass a reasoned order.
In their May 2 order, they noted that the CPO’s order “does not reflect the reason/reasons for dismissing the petitioner’s appeal.”
“Mere registration of FIR/ filing of chargesheet, is not a ground for impounding the passport,’’ they said in their May 2 order. Noting that the CPO “has not considered the appeal on merits,” they quashed and set aside the November 15, 2019 order and remitted the matter back to the CPO for fresh consideration in accordance with law. The CPO is directed to decide Das’ appeal “expeditiously...and in any event, within four weeks.”