Case Law Details
Citizens Legal Right Association Vs Union of India (Kerala High Court)
Passport authorities under the Passports Act, 1967 are not vested with any power under Section 12 of the Act 1967, to impose any fine and it is a matter affecting the public. That apart, imposition of fine so made, which is an undisputed fact, without authority of law is a clear interference with the protection of life and personal liberty guaranteed under Article 21 of the Constitution of India, since it prohibits deprivation of life and personal liberty, except in accordance with the procedure established by law. Thinking, and assimilating the situation so, exercise of power is nothing short of transgression of the fundamental right guaranteed under Article 21 of the Constitution of India.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
This is a public interest litigation filed by an organisation registered apparently under the provisions of the Travancore – Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, and one of its members. The issues raised arise under the Passports Act, 1967. The poignant question raised is whether an authority under the Passports Act, 1967, has any power to impose penalty/fine invoking the powers under Section 12 of the Act 1967. It is submitted by the petitioners that as per relevant provisions of the Passports Act, 1967, a passport authority defined under Section 2(c) of the Act has only delegated powers to issue passport under Section 5(2)(a) or reject an incomplete passport application under Section 5(2)(c) or refuse a passport under Section 6(2) or restrict the validity under Section 7(b) or impound/revoke a passport under Section 10(3) of the said Act, and not to impose any penalty.
2. The case projected by the petitioners is that there is no provision empowering any officer to impose pecuniary penalty under the Act 1967, even though Section 12 of the Act prescribes offences and penalties, and the manner in which the power to be discharged, in accordance with the adjudicatory mechanism prescribed thereunder. According to the petitioners, even without the power for imposing any fine in violation of the provisions of Sections 5, 6, 7 and 10, the fine is being imposed by the authorities which is arbitrary and illegal. It is also pointed out that the offences and penalties under Section 12 of the Act 1967 are criminal in nature and a passport authority is not empowered to launch a criminal investigation against the passport applicants/holders who allegedly commit/committed offences under Section 12 of the Act. That apart, as per Section 15 of the Act 1967, the sanction for prosecution for any offence under the Act 1967 can only be given by the Government of India or any authority authorised by the Government of India. It is pointed out that the said power has been delegated to the State Governments as per GSR 662(E) dated 1.12.1979.
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