Man Fails To Obtain Passport Due To FIR For Not Wearing Face-Mask During COVID: Madras High Court Directs Issuance Of The Same Within 4 Weeks

The Madras High Court recently granted relief to a man who failed to obtain a passport due to an FIR, which was registered against him for allegedly not wearing a face mask, when he was driving his two-wheeler during the Pandemic condition.

The Bench of Justice N. Anand Venkatesh directed passport authorities to process the application submitted by him, if he satisfies all the other requirements.

Importantly, 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 matter before the Court

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 to the effect that there was an FIR pending against him before the Karuppayurani Police Station, Madurai.

Therefore, the petitioner was called to explain why he did not reveal the pendency of a criminal case through a communication dated 16th April 2021. The petitioner also gave his reply on 22nd April 2021.

The grievance of the petitioner was that the respondents have not acted upon the reply given by the petitioner and hence, left with no other alternative, a writ petition was filed seeking for appropriate directions.

Court's direction

In view of the above-mentioned reasoning, the court 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."

With this, the writ petition was disposed of.

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