Criminal Antecedents Of Family Members Not To Be Considered To Assess Character For Issuance Of Passport: MP High Court

The Madhya Pradesh High Court has held that criminal antecedents of family members cannot be taken into account to assess character of an applicant and her application for issuance of passport.

The Court was considering a Writ-Petitions against orders denying passports on grounds of family members of the Applicants having criminal antecedents.

The single-bench of Justice Subodh Abhyankar observed, "...the impugned order cannot be sustained in the eyes of law as the petitioner also enjoys all the fundamental rights as any other citizen of this Country, and the criminal antecedents of her husband and father-in-law cannot be taken into account to assess her character and her application for issuance of passport, as the respondents are required to pass the order only on the basis of the petitioner‟s character verification, and not that of her husband or father-in-law‟s criminal antecedents."

The Petitioners were represented by Advocate Mohd. Sohail Chhipa while Respondent was represented by A.S.G. Himanshu Joshi.

It was the Petitioner's contention that his and his mother's passports were denied on the grounds that that his father and grandfather have criminal antecedents. It was submitted that despite being entitled to obtain a passport to travel abroad, the Respondents have rejected her application on extraneous reasons, despite being a specific order passed by the Court.

On the other hand, Additional Solicitor General submitted that on account of the criminal background of the petitioner, as her husband and father-in-law have indulged in cases relating to Narcotic drugs, she is also denied the facility of passport. However, it was not denied that there are no criminal cases registered against the Petitioner. 

The Court, at the outsetb observed that the respondents were specifically directed not to consider the grounds, on the basis of which, the earlier application of the petitioner was rejected, and, admittedly, the earlier application was rejected on the same ground and they apparently didn't care to comply with the court order in its true letter and spirit, and have passed the order in a cavalier manner. 

It further observed that criminal antecedents of family member cannot be considered for assessing the character of the applicant for issuance of passport and ordered re-assessment of both the petitioner's applications. 

The petition was accordingly allowed.

Cause Title: Mohd. Wazib Chhipa vs. Union of India and Others 

Appearance:

Petitioner: Advocate Mohd. Sohail Chhipa, 

Respondent: A.S.G. Himanshu Joshi, G.A./ P.L. Mradula Sen

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