Passport Authorities have no Power to Impose Penalties: Kerala HC

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 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 was contended that penalty power was necessary to deter applicants from malpractices such as suppressing material facts from the purview of the passport authority, while submitting the application for issuance of passport. It is not practical launch prosecution in each and every case of violation, the Centre said. Rejecting these contentions, the Court observed that a penalty which is not in accordance with law infringes fundamental right to personal liberty under Article 21 of the Constitution. he Court also rejected the contention of the Centre that PIL was not maintainable on the issue. The matter had “substantial element of public interest”, the bench observed.

Holding thus, a division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly set aside the penalty list framed u/s 12(1)(b) prescribed in schedule III of Passport Rules, 1980 as well as Office Memorandums regarding table of penalties u/s 12(1A).

By Priyanka of SPPU