SEKAR REPORTER

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HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P. No.            of 2021 Premalatha Vijayakant W/o Vijayakant

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E HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

W.P. No.            of 2021

 

Premalatha Vijayakant

W/o Vijayakant

Old No. 12A, Plot No. 54,

Kannamal Street, Kannabiran Colony,

Saligramam, Chennai 600 093

…Petitioner

Vs

The Regional Passport Officer

O/o Regional Passport Office

Chennai Royala Towers No. 2 and 3

IV Floor, Old No. 785, New No. 158,

Anna Salai, Chennai 600002

…Respondent

 

AFFIDAVIT OF PREMALATHA VIJAYAKANT

I, Premalatha Vijayakant, W/o Vijayakant, Indian aged about 56 years, residing at Old No. 12A, Plot No. 54,Kannamal Street, Kannabiran Colony, Saligramam, Chennai 600 093 do hereby solemnly affirm and sincerely state as follows:

  1. I am the Petitioner in the above writ petition and as such I am well versed with the facts and circumstances of the present case.
  2. I state I had applied for re-issue of passport with file no. MA1073391520121 dated 23.04.2021 before the 1st The passport bearing no. Z6160081 was dispatched to me by the Respondent officials dated 23.04.2021. While so, I received a communication dated 11.06.2021 from the 1st Respondent stating that there was an adverse police verification report given by the police authorities against me with the following remarks:

“Thoothukudi Dt Sipcot PS Cr. No. 128.2018 u.s. 143, 188, 341 IPC Case is NTF and Thirunelveli town ps Cr. No. 191.2016 u.s. 171 F, 188 IPC, 123 1 A a REP PEOPLE ACT is pending trial at JM. IV Thirunelveli Court in CC No. 747.2020”

The said communication from the 1st Respondent asked me to furnish a proper explanation and alleged that I had suppressed material information in my passport application.

  1. I humbly submit that I furnished a detailed reply vide email dated 29.06.2021 thereby explaining that I had not received any summons or notice regarding the said criminal cases and I did not have knowledge of the same and therefore there is no question of me suppressing material facts which I myself was not aware of.
  2. I humbly submit that I am an active politician in the state of Tamil Nadu and hence naturally certain politically motivated persons might have filed false cases against me to tarnish my reputation and image. I further state that I have a good standing in society and I have deep rooted ties to the community and hence there can be no apprehension that I am attempting to escape justice or facing trials. In any case, I am willing to abide by any condition imposed by this Hon’ble Court.
  3. I humbly submit that I had given my explanation as sought for by the Passport authorities vide letter dated 28.06.2021 through my email communication dated 29.06.2021. Subsequently I was told to appear virtually for an enquiry on 30.06.2021 at 10.00 am, however, due to technical difficulties, I was unable to appear on the said date. Therefore, I had given another mail communication requesting for another virtual/physical enquiry on 02.07.2021 at 10.00am but I have not received any reply for the same. Therefore, I reiterated these facts and sent another letter dated 23.08.2021 detailing my urgency to the regional passport office. The entire urgency in the present case is that my husband requires urgent medical treatment, for which we are taking him to Dubai to avail the necessary treatment.
  4. I state that the Respondent sent a showcause notice vide email dated 24.08.2021 for the reason that there was adverse case pending and calling upon me to state why action should not be taken to impound my passport no. Z6160081 dated 23.04.2021 under Section 12(1)(b) of the Passport Act 1967.
  5. Therefore, I appeared before the 1st Respondent on 26.08.2021 and gave all the explanations in respect of the criminal cases pending against me. However, I was directed to surrender my passport bearing no. Z6160081 to the Respondent. Thereafter, the Respondent sent me the impugned order bearing Letter Ref. No: CNO/311147893/21 dated 26.08.2021 stating that since trial is pending against me at Thirunelveli JM IV court, I must produce orders from the concerned court permitting me to deport from India along with undertaking as per para (d) of GSR 570(E) in case I want to travel abroad. I humbly submit that my husband is travelling to Dubai for urgent treatment and further I was not served any summons or notice in the said case and therefore the question of me obtaining any such orders from the JM Court in Thirunelveli does not arise and further it is not practically possible for me to obtain such orders from the said Court at this juncture.
  6. I state that I am before this Hon’ble Court since my husband, Mr. Vijayakant, requires urgent medical treatment which is not available in India and hence we are urgently taking him to King’s College Hospital London, Dubai to avail medical treatment. I have also annexed the certificate from the Consultant Interventional Neurologist, Movement Disorders and Parkinson’s Specialist, at King’s College Hospital London, Dubai along with the typed set of papers. I humbly submit that during these testing pandemic times, it is imperative that I go along with my husband to provide emotional & moral support and assist him through the treatment process. I state that my husband is 69 years old and falls under the “high risk” category for Covid and hence it is my duty and responsibility to take care of his health and wellbeing during these times.
  7. I further submit that the Respondent has not paid heed to the urgency in the present situation and the action of the Respondent in taking my passport is high handed and arbitrary. In the 11th hour, they have taken my passport in the most arbitrary fashion.
  8. I further submit that the Respondent through their showcause notice sought to invoke provisions of Section 12 (1)(b) of the Passports Act which reads as follows:

“12. Offences and penalties – (1) Whoever –

  • Contravenes the provisions of section 3; or
  • Knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document; or”

I humbly submit that Section 12(1)(b) of the Act can be invoked only if a person “knowingly” furnished any false information or suppresses any material information. I further submit that Section 10(3)(b) of the Act also contains a similar provision and the same also cannot be invoked by the Passport Authorities in the present case. In the present case, I was not served with any summons or notice from the said Court and hence I have no reason to believe that there was such a case pending against me. Therefore, it cannot be said that I have knowingly suppressed material information since such information was never under my knowledge. The same is not a ground to confiscate or impound my passport, and such an action by the Respondent is illegal and cannot be countenanced in law. In any case, as stated above, I am willing to abide by any condition as may be imposed by this Hon’ble Court.

  1. I further submit that the present action of the Respondent in taking away my passport and issuing the impugned order is a blatant violation of the Petitioner’s fundamental right under Article 21 of the Constitution of India and the said action is also against the dicta laid down by the Hon’ble Supreme Court of India in Maneka Gandhi vs Union of India reported in AIR 1978 SC 597. The Hon’ble Supreme Court in several landmark judgments have held that the rights under Article 21 of the Constitution are wide and includes the right to travel abroad.
  2. I humbly submit that I am gravely prejudiced by the high handed, arbitrary and illegal action of the Respondent and hence having no other efficacious or alternate remedy I am constrained to approach this Hon’ble Court by invoking the extraordinary power under Article 226 of the Constitution of India on the following amongst other:

GROUNDS

  1. The impugned order is arbitrary, illegal, high handed and is liable to be quashed.
  2. The Respondent does not have the power to simply confiscate or impound the passport of the Petitioner without any rhyme or reason.
  3. The impugned order passed by the Respondent is a blatant violation of the Fundamental Rights of the Petitioner enshrined in Article 21 of the Constitution of India.
  4. The impugned order is struck by the dicta laid down by the Hon’ble Supreme Court of India in the landmark judgment of Maneka Gandhi vs Union of India.
  5. The Respondent has failed to consider the urgent nature of the present case.
  6. I humbly submit that there is a tearing urgency in the present case and hence the Petitioner is urgently approaching this Hon’ble Court.
  7. It is therefore humbly prayed that this Hon’ble Court may be pleased to pass an order of ad-interim stay of the impugned Letter Ref. No: CNO/311147893/21 dated 26.08.2021 issued by the Respondent pending disposal of the above writ petition and pass such further or other orders as this Hon’ble Court may deem fit considering the facts and circumstances of the present case and thus render justice.
  8. It is therefore humbly prayed that this Hon’ble Court may be pleased to pass an order of ad-interim direction directing the Respondent to re-issue the Petitioner’s passport in continuation to Passport bearing No. Z6160081 and permit the Petitioner to travel abroad without producing the orders from the Thirunelveli JM IV Court pending disposal of the above writ petition and pass such further or other orders as this Hon’ble Court may deem fit considering the facts and circumstances of the present case and thus render justice.
  9. For the reasons stated above, it is therefore humbly prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction in the nature of a Writ of Certiorarified Mandamus to call for the records of the 1st Respondent pertaining to the Letter Ref. No: CNO/311147893/21 dated 26.08.2021 and quash the same and direct the Respondent to re-issue the Petitioner’s passport in continuation to Passport bearing No. Z6160081 and permit the Petitioner to travel abroad without producing the orders from the Thirunelveli JM IV Court and pass such further or other orders as this Hon’ble Court may deem fit considering the facts and circumstances of the present case and thus render justice.

 

DEPONENT

Solemnly affirmed at Chennai on this

the …. Day of August, 2021 and signed her

name in my presence.

BEFORE ME

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