Excelsior Correspondent
Srinagar, June 4: High Court has set aside the order of refusal of release of passport to former District Magistrate Poonch impounding the same by the passport authority with the direction to release his passport or issue a fresh one to him after completion of all formalities.
Former Deputy Commissioner Poonch-Sajad Ahmad Khan challenged the order dated 11.09.2021, issued by the Special Judge Anti-Corruption CBI Cases, Jammu, whereby his application for release of his passport has been rejected.
His passport was impounded in view of pendency of criminal case with regard to a fake gun license scam. The petitioner is a senior citizen, an IAS officer, who retired on 31.03.2018. His passport was seized by the CBI on 12.10.2021 with the information to him that FIR No. RCCHG0512018S0006 was registered regarding issuance of arms licenses by Deputy Commissioners of UT of J&K.
The CBI during investigation conducted a search to his residence and vide seizure memo dated 12.10.2021 seized his original passport, two mobile phones and one original gift deed executed between the father-in-law of the petitioner-Khan and his wife about 25 years ago.
The respondents in their objections opposed the prayer of the petitioner-Khan for release of the passport by submitting that the CBI had registered two cases i.e. RC-6(S)2018 (Jammu Division) and RC-7(S)2018 (Kashmir Division) in CBI, SCB, Chandigarh and conducted detailed investigation. During the investigation, the role of Khan was found to have been established for conspiracy with gun houses for issuance of Arms License illegally in view of the monetary considerations using false information and forged documents.
Justice Sindhu Sharma while setting aside the trial court order as also the communication of passport authority rejecting to issue fresh passport said, the respondents have failed to place any material on record to indicate that the impounding of the passport of Khan was with regard to the security concerns of the Union Territory of J&K and the fact that impounding of passport was necessary in the interest of security of India. “Moreso, when the petitioner is a senior citizen who has retired from Indian Administrative Service and there are no such allegations against him”, Justice Sharma said.
Justice Sharma allowed the plea of Khan and directed the Regional Passport Officer to pass an appropriate order either to release the passport of the petitioner or issue a fresh passport to him after completion of all formalities.
“…Mere pendency of the investigation would not give power to the authorities to impound the passport under Section 10(3)(e). Mere registration of the FIR by the investigation agency is also no ground for refusal to issue, renew or impound the passport. It is only upon the filing of a charge sheet and the court taking cognizance of the offence that it may be said that a criminal case is actually pending”, Court recorded.
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