'Committed Mistake But Can’t Be Condemned Forever': Madras High Court Directs Passport Authority To Consider Man’s Application For Passport

Justice GR Swaminathan of the Madurai bench observed that though in case of giving false particulars, the Passport Authority has no option but to impound the passport, the court cannot lose sight of the human angle also. 

“Even if the petitioner had committed a mistake, he cannot be condemned for ever. The biblical concept of eternal damnation goes ill with the reformatory trend in modern jurisprudence. In my view, the petitioner has suffered disproportionately,” the court observed.

In the present case, Chandran obtained a passport in 1994 and was working as Mason in Singapore. He subsequently renewed his passport. In 2014, when his passport expired, he again applied for renewal through an agent. The court was informed that the agent had given false particulars due to which Chandran was asked to appear for enquiry before the police authority. He appeared before the police and surrendered the passport. The document was impounded.

Chnadran argued that the impounding was done without any notice and thus sought a declaration that the cancellation of his passport was illegal. On the other hand, the authorities submitted that since Chandran had submitted false particulars, the consequences have to follow.

The court said the action of the authorities could not be faulted and that when such false particulars were given, the authorities had no option but to impound the passport.

"The petitioner has no where challenged the basic premises on which the impugned action is resting. Therefore, the question of granting declaration as sought for does not arise," said the court.

However, the court also observed that citizens take services of middle men and agents to transact with the authorities and in the present case, the agent employed by Chandran had indulged in fraud.

"I permit the petitioner to submit a fresh application before the respondent. I hope that the petitioner would have learnt his lessons and this time he would submit correct particulars. If any such application is submitted, the same shall be considered and the petitioner is issued with passport provided there is no other impediment and subject to fulfillment of usual formalities," said the court.

Case Title: S Chandran v. The Regional Passport Officer

Citation: 2023 LiveLaw (Mad) 207

Counsel for the Petitioner: Mr.S.Rajasekar

Counsel for the Respondent: Mr.S.Jeyasingh