Allegations of aiding a terror suspect's passport renewal demand full trial, says court, emphasizing national security concerns.
In a significant ruling, the Karnataka High Court dismissed a petition filed by U.M. Haidar, a travel agent accused of facilitating passport renewals using fabricated residential credentials, including for a person suspected of terrorist activities. The court, presided over by Mr. M. Nagaprasanna, J., emphasized that issues touching upon national security require comprehensive judicial scrutiny and cannot be curtailed at the threshold.
The petitioner, accused No.3 in the case, sought to quash the proceedings initiated under Sections 465, 468, 471, and 420 of the Indian Penal Code and Section 12B of the Passports Act, 1967. The allegations against Haidar included aiding the police verification process for passport renewals using false addresses. Notably, one of the individuals whose passport renewal he facilitated is wanted by the Andhra Pradesh Anti-Terrorist Squad.
During the hearing, the court noted that the petitioner, despite being physically disabled and claiming to be a bona fide travel agent, allegedly used his address for multiple passport applications. The Deputy Solicitor General of India argued that the petitioner's actions went beyond mere clerical facilitation, potentially endangering national security.
The court underscored that the nature of the allegations transcends ordinary criminal misconduct, suggesting the petitioner's actions, if proven, could be prejudicial to the nation's security and sovereignty. It was noted that the role of a police constable, who verified the applications without proper inquiry, also requires scrutiny. The State has been directed to expedite the sanction process for prosecuting the constable.
In rejecting the petition, the court clarified that the petitioner's plea of physical disability or health issues could not overshadow the gravity of the allegations. The petitioner has been advised to defend himself during the trial to establish his innocence.
This ruling highlights the judiciary's stance on matters of national security, emphasizing that all links in the chain of potentially unlawful acts must be thoroughly examined to uphold public safety.
Bottom line:-
A travel agent alleged to have facilitated passport renewals using fabricated residential credentials, including for a person suspected of terrorist activities, cannot escape trial. Matters involving national security demand full judicial scrutiny.
Statutory provision(s): Indian Penal Code, 1860 Sections 465, 468, 471, 420; Passports Act, 1967 Section 12B; Criminal Procedure Code, 1973 Section 482
U.M. Haidar v. State Public Prosecutor, (Karnataka) : Law Finder Doc id # 2932452
