Lekha G
The Madras High Court granted relief to a man, who was denied a passport on the ground that a case was pending against him for not wearing a mask during the pandemic.
A Writ Petition was filed seeking direction to the respondents to issue a passport to the petitioner, who was served with communication by The Regional Passport Officer (RPO) that there was an FIR pending against him before the Karuppayurani Police Station, Madurai.
Justice N Anand Venkatesh observed that the FIR was registered against the petitioner only on the ground that he was not wearing a face mask while riding a two-wheeler during the pandemic.
The Bench remarked, “The very registration of an FIR cannot be construed to be criminal proceedings unless it translates itself into a final report and the same is taken cognizance by a Competent Court”.
The Court further directed, “There shall be a direction to the respondents to process the application submitted by the petitioner and issue passport, if the petitioner has satisfied all the other requirements, within four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of this order”.
Mr Nagalingam had submitted that he had applied for the passport on March 29, 2021, and a file number was also assigned.
However, a communication was sent by the RPO on April 16, 2021, that there was an FIR pending against him at Karuppayurani Police Station, Madurai.
However, despite giving a reply on April 22, the RPO failed to act on his application and hence had no other alternative but to move the Court, the petitioner said.