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2025 DAILYLAW 74821 (KAR)

SRI T SHIVAKUMAR v. UNION OF INDIA

WP/35803/2025 · 2025-11-26

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49081 WP No. 35803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35803 OF 2025 (GM-PASS) BETWEEN: SRI T SHIVAKUMAR S/O. THIMMALAH, AGED ABOUT 57 YEARS, RESIDING AT NO.14, 60 FEET ROAD, PATTEGARPALYA MAIN ROAD, AMARJYOTHI NAGAR, VIJAYANAGAR, BENGALURU-560040 …PETITIONER (BY SRI. MANMOHAN P.N., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, 74 B, SOUTH BLOCK, NEW DELHI-110001. REPRESENTED BY REGIONAL PASSPORT OFFICE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095. 2. THE REGIONAL PASSPORT OFFICE, PASSPORT SEVA KENDRA, NO.45, PRESTIGE LIBRA, NEAR URVASHI THEATRE, LALBAGH MAIN ROAD, BENGALURU-560027. 3. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICE OF GOVINDARAJA NAGAR POLICE STATION BENGALURU-560040 …RESPONDENTS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49081 WP No. 35803 of 2025 (BY SRI. H. SHANTHI BHUSHAN., DSGI., FOR R1 & R2; SRI. SIDARTH BABU RAO., AGA FOR R3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENT NO.3 TO FORTHWITH COMPLETE THE POLICE VERIFICATION AND FORWARD THE REPORT TO THE RESPONDENTS NO.1 AND 2 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.Shanthi Bhushan, learned DSGI accepts notice for respondents No.1 and 2. Learned AGA accepts notice for respondent No.3. 2. The petitioner is before this Court seeking for the following reliefs; a. Issue a Writ of mandamus and direct the R3 to forthwith complete the police verification and forward the report to the Respondents No. 1 and 2; and b. Issue a writ of Mandamus and direct the Respondents No. 1 and 2 to consider the application of the petitioner for issuance of passport (Annexure- F) and to forthwith issue the passport to the petitioner; and; c. Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2025:KHC:49081 WP No. 35803 of 2025 3. The petitioner who is a Journalist by profession and President of Karnataka Press Club had applied for reissuance of his passport, contends that the said application has not been processed and verification has not been done by respondent No.3. As such, the petitioner is before this Court seeking for the aforesaid reliefs. 4. Learned AGA, on instructions, submits that verification has been completed and report has been submitted to respondent No.2. 5. Learned DSGI submits that verification report has been received which indicates that there are two criminal proceedings which are pending against the petitioner at FIR stage and it is on that basis he submits that the application for reissuance of passport would be considered. 6. The contention of Sri.Manmohan.P.N, learned counsel for the petitioner is that since an adverse report has been submitted by respondent No.3, it is unlikely - 4 - HC-KAR NC: 2025:KHC:49081 WP No. 35803 of 2025 that the application of the petitioner would be considered favourably, however he submits that the petitioner would comply with any direction that may be issued by this court. 7. Considering that the petitioner is an organiser of the Vishwa Kannada Habba to be held in Oman from 28.11.2025 at the CBFS Hall Bowsher, Muscat, Oman. He submits that the said function is a prestigious one and being the third such function held annually, it is required for the petitioner to be available for organising the same. 8. Having considered the submission of all the counsels, though there are criminal proceedings which are pending against the petitioner, the mere pendency of those proceedings cannot be a ground to deny the petitioner right to travel which is a right forming part of Article 21 being a fundamental right to life and liberty. In that view of the matter, the apprehension of the respondents could be allied by directing them - 5 - HC-KAR NC: 2025:KHC:49081 WP No. 35803 of 2025 to issue a short validity passport. As such, I pass the following: ORDER i. The writ petition is allowed. ii. A mandamus is issued directing respondent No.2 to consider the application for reissuance of passport filed by the petitioner and issue a short validity passport, as expeditiously as possible, at any rate by the end the day 27.11.2025. iii. Petitioner shall appear before respondent No.2 at 10.30 a.m. on 27.11.2025. iv. Respondent No.2 is directed to take into consideration the exigent circumstances and handover the passport of the petitioner by hand instead of registered post by the end of the day 27.11.2025. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 4 Sl No.: 1