The Madras High Court has held as unsustainable in law the act of the Regional Passport Officer, Chennai, shortening the validity of Sivaganga MP Karti P. Chidambaram’s passport by two years when he applied for an additional booklet after the pages in his passport got exhausted.
Justice M. Govindaraj directed the RPO to reissue a passport to the MP, either with the existing validity up to March 5, 2024 or with a validity for the next 10 years since the rules in vogue from 2010 mandate issue of a new passport booklet with a new number both for renewal and reissue on exhaustion of pages.
The judge agreed with petitioner’s counsel P. Wilson that in normal circumstances, reissue of passport on exhaustion of pages, would not attract Section 6(2)(f) of the Passports Act of 1967. He said the provision relates to any criminal case pending against an applicant in the country.
Referring to Sections 7 and 10 of the Act, which empower the RPO to shorten the validity of the passport by giving valid reasons in writing, the judge said, if at all the authority had wanted to take action, he should have taken it either under these two provisions after giving reasons or as per the orders of a competent court.
“In the present case, the holder of the passport is a Member of Parliament and he has not breached any conditions imposed on him. The respondent (RPO) has not produced any materials that he was compelled to take action against the petitioner because his conduct may affect sovereignty and integrity or security or friendly relations of India or in public interest.
“In that event the exercise of power without taking recourse to Section 7 or 10 of the Act cannot be sustained,” the judge held and ordered re-issuance of passport with immediate effect. Since it might take some time for issuance of a certified copy of the court order, the judge directed a central government panel counsel to communicate it orally to the RPO.
