High Court of KeralaSingle Judge2024-03-22Disposed of with directions to process PCC with...

Rubiya C Siby v. Union of India

Case / Petition Number:WP(C) No.20218 of 2021

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2024-03-22
Court Decision / Holding: Writ petition disposed of directing the Regional Passport Officer to process the application for Police Clearance Certificate, incorporate pending criminal case details if applicable, and conclude the proceedings within two weeks, taking into account the decision in Siju v. Regional Passport Officer.
Final Disposition: Disposed of with directions to process PCC within two weeks after considering pending criminal proceedings and the Siju decision to tailor the PCC accordingly. Neutral finding on the passport impoundment itself is not recorded; relief is procedural as per PCC issuance.

Parties to the Case

Appellants / Petitioners

Rubiya C Siby

Respondents

Union of India represented by its Secretary, Ministry of External Affairs, Government of India
Regional Passport Office, Cochin
Station House Officer, Ettumanoor Police Station

Legal Representation & Advocates

Counsels for Petitioners

• K. P. Pradeep
• Hareesh M.R.
• Rasmi Nair
• T. T. Biju
• T. Thasmi
• M. J. Anoopa

Counsels for Respondents

• P. Vijayakumar
• Smt. Daya Sindhu Shreehari

Case Synopsis & Summary

This is a writ petition filed by Rubiya C Siby challenging two notices issued by the Regional Passport Office, Cochin, impounding her passport on the basis of a criminal case (Crime No. 190 of 2019) registered at Ettumanoor Police Station and pending before the Judicial First Class Magistrate’s Court, Ettumanoor (CC No. 397 of 2019). The petitioner, a nurse working abroad, asserts that her passport was issued in 2017 and expires in 2027, with no suppression of facts at the time of application. She contends that criminal proceedings pending against her do not justify impounding her passport and that Exts. P2 and P4 are an abuse of process designed to harass and tarnish her future. She seeks a Police Clearance Certificate (PCC) and argues that Section 10(3)(e) of the Passport Act, 1967, read with Articles 14, 19(1) and 21 of the Constitution, is arbitrary when used to withhold passport facilities in such circumstances. The respondents rely on the statutory provision to withhold passport-related benefits pending criminal proceedings, and place reliance on the Kerala High Court’s decision in Siju v. Regional Passport Officer to support a possible customised PCC. The Court, citing Siju, disposes of the petition by directing the Regional Passport Officer to process the PCC application and conclude within two weeks, taking the judgment into account.

Provisions of Law Cited

Passport Act, 1967 - Section 10(3)(e)Constitution of India - Articles 14, 19(1) and 21

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Exts. P2 and P4 are abusive, as there was no suppression of facts at the time of passport application. The alleged incident occurred in 2019, whereas the passport was issued in 2017 and valid until 2027. She asserts no violation of the Passport Act in obtaining the passport and argues that pending criminal proceedings do not justify impounding the passport. The petition seeks a Police Clearance Certificate (PCC) and challenges the arbitrary use of Section 10(3)(e) of the Passport Act, claiming infringement of Articles 14, 19(1) and 21 of the Constitution. She relies on the Kerala High Court decision in Siju v. Regional Passport Officer to support a PCC issuance despite pending cases.

Contentions of Respondents

The respondents defend the use of Section 10(3)(e) of the Passport Act to withhold passport facilities in the face of criminal proceedings. They contend that the impounding notices were issued in the interest of regulating travel and ensuring proper procedure, and they urge consideration of Siju v. Regional Passport Officer to potentially issue a customised PCC if other parameters are satisfied.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Siju v. Regional Passport Officer	2021 SCC Online Kerala 9667	Positive	Court relies on Siju to allow issuance of a Police Clearance Certificate despite pending criminal proceedings, directing processing and decision within a short time frame.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **FRIDAY, THE 22[ND] DAY OF MARCH 2024 / 2ND CHAITHRA, 1946 WP(C) NO. 20218 OF 2021** ## **PETITIONER:** **RUBIYA C SIBY AGED 28 YEARS D/O SIBY GEORGE, CHIRAYIL HOUSE, ETTUMANOOR P.O, KOTTAYAM-686631. REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND MOTHER. MRS.MOLLY SIBY, AGED 52 YEARS, D/O LONAN, CHIRAYIL HOUSE, ETTUMANOOR P.O, KOTTAYAM, PIN-686631.** **BY ADVS. K.P.PRADEEP HAREESH M.R. RASMI NAIR T. T.T.BIJU T.THASMI M.J.ANOOPA** ## **RESPONDENTS:** **1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110001.** - **2 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, COCHIN, PANAMPILLY NAGAR, COCHIN-682036.** - **3 STATION HOUSE OFFICER ETTUMANOOR POLICE STATION, ETTUMANOOR, KOTTAYAM-686631.** ## **W.P.(C) No.20218 of 2021** :2: **BY ADVS. P.VIJAYAKUMAR SMT.DAYA SINDHU SHREEHARI, CENTRAL GOVERNMENT COUNSEL** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C) No.20218 of 2021** **==> picture [14 x 9] intentionally omitted <==** ## **J U D G M E N T** Dated this the 22[nd] day of March, 2024 The petitioner is the holder of the Indian Passport bearing No.R0534195 issued on 15.05.2017. The petitioner is currently working as a Nurse abroad and this writ petition is filed through her Power of Attorney holder, her mother. 2. The petitioner is highly aggrieved by Exts.P2 and P4 notices issued by the 2[nd] respondent in which it is proposed to impound the Passport of the petitioner, stating that a criminal case was registered against the petitioner as Crime No.190 of 2019 of Ettumanoor Police Station and the ## **W.P.(C) No.20218 of 2021** **==> picture [14 x 9] intentionally omitted <==** same is pending before the Judicial First Class Magistrate's Court, Ettumanoor as CC No.397 of 2019. The petitioner seeks to direct respondents 2 and 3 to issue Police Clearance Certificate to the petitioner. 3. The petitioner submits that his Passport was issued on 15.05.2017 and it will be expiring on 14.05.2027. There was no suppression of any fact of criminal antecedents from the part of the petitioner at the time of application of Passport. The alleged incident occurred only on 20.01.2019, on the basis of which the Crime No.190 of 2019 has been registered. Therefore, the petitioner has not committed any violation of the provisions of Indian Passport Act, as alleged in Exts.P2 and P4 notices. 4. The petitioner has not furnished any false information or suppressed any material information for obtaining the Passport. The crime which is pending against ## **W.P.(C) No.20218 of 2021** **==> picture [14 x 9] intentionally omitted <==** the petitioner is nothing but falsehood, with an intention to harass and to tarnish petitioner's future career and life and the criminal complaint is filed by a man claiming her as his wife. The 2[nd] respondent without considering Ext.P3 reply again issued Notices asking for further explanation with case disposal order. Therefore, Exts.P2 and P4 notices issued by the 2[nd] respondent are nothing but abuse of process and amounts to miscarriage of justice. 5. The provision in Section 10(3) (e) of the Passport Act, 1967 which provides for impounding Passport for the simple reason of involving any criminal proceedings, is nothing but arbitrary and against the fundamental rights guaranteed under Article 14, 19(1) and 21 of the Constitution of India. Hence the same is also under challenge, contends the Counsel for the petitioner. ## **W.P.(C) No.20218 of 2021** :6: 6. Counsel for the petitioner submitted that in view of the judgment of this Court in **Siju v. Regional Passport Officer** [2021 SCC Online Kerala 9667], the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner. 7. Deputy Solicitor General of India submitted that taking into consideration the judgment of this Court in **Siju v. Regional Passport Officer** (supra), the petitioner’s application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied. Taking into consideration the law laid down by this Court in **Siju v. Regional Passport Officer** (supra), the writ petition is disposed of directing the 2[nd] respondent-Regional ## **W.P.(C) No.20218 of 2021** **==> picture [14 x 9] intentionally omitted <==** Passport Officer to process the application for issuance of Police Clearance Certificate and conclude the proceedings taking note of the judgment of this Court in **Siju v. Regional Passport Officer** (supra) and take appropriate decision thereon, within a period of two weeks. Sd/- **N. NAGARESH JUDGE** ams ## **W.P.(C) No.20218 of 2021** :8: ## **APPENDIX OF WP(C) 20218/2021** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE PASSPORT OF THE PETITIONER BEARING NO.R534195 DATED 15.05.2017. Exhibit P2 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 16.08.2021 TO THE PETITIONER.** **Exhibit P3 TRUE COPY OF THE PETITIONER'S REPLY DATED 25.08.2021 TO EXT.P2 NOTICE.** **Exhibit P4 TRUE COPY OF THE ISSUED BY THE 2ND RESPONDENT DATED 31.08.2021 TO THE PETITIONER.** **Exhibit P5 TRUE COPY OF THE FIR IN CRIME NO.190/2019 OF ETTUMANOOR POLICE STATION.** **Exhibit P6 TRUE COPY OF THE FINAL REPORT IN CRIME NO.190/2019 OF ETTUMANOOR POLICE STATION.** - **Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO.332/2019 OF ETTUMANOOR POLICE STATION.** - **Exhibit P8 TRUE COPY OF THE FINAL REPORT IN CRIME NO.332/2019 OF ETTUMANOOR POLICE STATION.** - **Exhibit P9 TRUE COPY OF THE NOTIFICATION NO GSR 570(E) DATED 25/08/1993 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS.** - **Exhibit P10 TRUE COPY OF SHOW CAUSE NOTICE DATED 12-11-2023 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT** ## **W.P.(C) No.20218 of 2021** :9: **Exhibit P11** **TRUE COPY OF REPLY DATED 17-11-2023 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT**