When impounding of passport is illegal.
Passport cannot be impounded just because a criminal case is pending.
The passport authority is bound to pass a reasoned order for impounding the passport – Such order is subject to judicial review.
📜 Menaka Gandhi Vs. Union of India
MANU/SC/0133/1978 : 1978(1) SCC 248
The Hon'ble Supreme Court has observed that sub-section 5 of Section 10 of the Passports Act, 1967 requires the Passport Authority impounding the passport to record reasons of making such order and the necessity of giving reasons has obviously been introduced in the sub-section so that it may act as a healthy check against abuse or misuse of power.
If the reasons given are not relevant and there is no nexus between reasons and the ground on which the passport was impounded, it would be open to the holder of the passport to challenge the order of impounding in a Court of law and if the Court is satisfied that the reasons are extraneous or irrelevant, the Court would struck down the order.
🔊 Hearing necessary before impounding passport.
📜 Suresh Nanda Vs. CBI
MANU/SC/7020/2008 : 2008(3) SCC 6744
The Apex Court has held that impounding of a passport has civil consequence and therefore, the Authorities are duty bound to afford opportunity of hearing to the person aggrieved.
Passport cannot be impounded just because a criminal case is pending.
Suffice to note that there is no doubt about the discretion vested with the Authority in terms of the provisions of Section 10 of the Act, but that is not at all mandatory to impound or caused to be impounded the passport or any travel document if proceedings in respect of offence merely alleged to have been committed by the holder of the passport pending in the Court.
The pendency of criminal offence against the holder of the passport would not automatically results in impounding of the passport.
Passport cannot be impounded just because fact of pendency of a criminal case has been withheld. Especially when the alleged offence is political and leads to minor conviction.
Non-disclosure of the pendency of criminal case cannot be taken as a material suppression of the fact for impounding the passport.
⚖️ Important Judicial Precedent:
The criminal case taken note by the Passport Authority is of minor nature under Sections 177 and 188 of I.P.C. which provides punishment for maximum period of six months and one month respectively and that too has been registered due to alleged political vengeance. Moreover, the offence in question is not against property or person as held in Neera Chandra vs. Union of India and Ors. (26.08.2019 - ALLHC) : MANU/UP/2754/2019
Passport cannot be impounded when court before whom case is pending has granted permission to go abroad.
Very basis for impounding the passport of the petitioner is only pendency of a criminal case as stated above, but the fact remains that the competent Court has granted permission by passing a reasoned order.