Seeniselvam Vs Regional Passport Officer (Madras High Court)
The case concerns Seeniselvam’s writ petition seeking the re-issuance of his passport, which he feared might be denied due to his involvement in a pending criminal case. The Madras High Court, with the consent of both parties, took up the case for final disposal at the admission stage. The government’s counsel informed the court that the petitioner’s criminal case was still at the WLOR stage, which meant no formal charges had been framed yet. The court reiterated the established legal principle that a pending case at this stage does not, in itself, prevent the issuance of a passport.
The court directed the petitioner to submit an affidavit to the jurisdictional police, providing his residential address, WhatsApp number, and email ID to ensure future communication if an adverse final report is filed. The petitioner was also required to give an undertaking that legal proceedings would not be stalled due to his absence and that summons could be served electronically. If needed, he must execute a special vakalat to allow representation through counsel under Section 205 of Cr.P.C. Once these conditions are met, the Regional Passport Office must process his application, subject to other standard requirements. The court allowed the petition without costs.
