HC Says Renewal Of Passport Is Not Automatic

Justice Nagesh Bheemapaka of the High Court held that issuance or renewal of a passport was governed by statutory provisions under the Passports Act, 1967, and could not be claimed as a matter of right when national security concerns were involved.

Saying so, the judge dismissed a petition filed by Akram Ali Mohammed, who challenged the action of the Regional Passport Authority (RPA) in revoking his passport in 2019, though it was valid up to July 3, 2028.

The petitioner said he was working as a journalist since 2005 and was now running his own Urdu news website. He alleged that the RPA had revoked his passport without prior notice or opportunity of hearing.

The RPA justified the revocation on the basis of intelligence inputs received from the state intelligence department. According to the authorities, the petitioner was likely to engage in activities outside India prejudicial to the sovereignty and integrity of the nation.

The city police commissioner filed a counter-affidavit, referring to the petitioner’s alleged involvement in a criminal case, connections with alleged anti-national elements, possession of arms and explosives, and activities said to have caused communal disharmony through media broadcasts. It was also stated that a personal surveillance file had been opened against the petitioner.

It was stated that the petitioner had connection with ISI activists Mohammad Saleem Junaid and had concealed a pistol of 30 rounds and 1 kg of potassium chloride mixer at his cycle shop godown. The police submitted to the court that in 2018, an issue was raised between Sunni and Shia sects about a hate speech in Abubakar Masjid situated at Mirchowk, Hyderabad. and petitioner had broadcast his views in favour of one community through his news channel. It was also stated that in 2019, an issue was raised in the Amberpet police limits with regard to Ek-Khana Mosque between GHMC and the Muslim community and petitioner had shot a video and made it viral “in order to corrupt the minds of a particular sect of people”.

After considering the facts and technical lapses on the side of the petitioner in filing the petition against revocation of the passport, the court stated when the activities of a person were under surveillance by the police, the courts should be careful while considering the case, that too when it was seriously alleged that the petitioner’s activities would affect the sovereignty and integrity of India.