Impounding of passport without notice or hearing violates principles of natural justice

Kerala High Court Directs Consideration of Passport Renewal Amidst Legal Disputes. Impounding of Passport Without Notice Deemed Violation of Natural Justice; Court Orders Expedited Review of Renewal Application

In a significant ruling, the Kerala High Court has directed the Ministry of External Affairs to expedite the consideration of a passport renewal application filed by Akbar Mohamed Tharique, an NRI businessman embroiled in a legal dispute involving allegations of gold smuggling. The court highlighted that the impounding of Tharique's passport without prior notice or a hearing contravenes the principles of natural justice.

The petitioner, Tharique, had challenged the actions of the Regional Passport Office, which had impounded his passport in connection with a gold smuggling investigation. The controversy arose from an incident involving an Irish citizen, Edwin Andrew Minihan, who was allegedly caught smuggling gold into India, with Tharique accused of orchestrating the operation.

Despite the criminal proceedings against Minihan concluding in acquittal, Tharique's passport remained impounded based on a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA). The court noted that the passport authority should consider the renewal application, taking into account the ongoing legal proceedings and existing lookout notices.

Justice Mohammed Nias C.P., presiding over the case, underscored the necessity for due process, mandating that the petitioner's renewal application be assessed within a month, allowing him to present his case. The judgment reiterates the importance of adhering to statutory provisions under the Passports Act, 1967, and ensuring procedural fairness.

Bottom Line:

Renewal of passport application - Impounding of passport without notice or hearing violates principles of natural justice - Consideration of application for renewal of passport directed, subject to pending enquiries and legal proceedings.

Statutory provision(s): Passports Act, 1967 Sections 10(3), 6(2); Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 3

Akbar Mohamed Tharique v. Regional Passport Officer, Regional Passport Office, (Kerala) : Law Finder Doc Id # 2809332