Passport Fraud Case: Delhi Court Frames Charges Against Sushil Ansal, Evidence to Begin April 25

Chief Judicial Magistrate (CJM) Mridul Gupta framed charges against Ansal for offences under Sections 420, 177 and 181 of the Indian Penal Code and Section 12 of the Passports Act, 1967.

The Court listed the matter for recording of prosecution evidence on April 25 and issued summons to two prosecution witnesses.

Ansal appeared before the Court through video conferencing and denied the allegations levelled against him.

The case relates to allegations that Ansal concealed material facts regarding his conviction and the pendency of criminal cases against him while applying for renewal of his passport in 2013 and again in 2018. The prosecution has alleged that these concealments and misrepresentations induced the passport authorities to issue travel documents that would otherwise not have been granted.

Ansal has challenged the order framing charges before the Sessions Court. The Sessions Court has issued notice on his petition and listed it for hearing on February 20.

Earlier, while considering whether charges were made out, the trial court had observed that there was sufficient prima facie material to proceed against Ansal. In an order dated November 28, the court noted that the accused had “consciously concealed” the details of criminal cases pending against him, as well as the order of conviction, in the sworn affidavit submitted along with his passport application in 2013. The court further observed that similar concealment was made in the undertaking filed with the passport application in 2018.

The Court held that such misdeclaration amounted to inducement by misrepresentation. It noted that but for the concealment of facts, coupled with what it described as deficient police verification reports, the Regional Passport Office would not have issued the passports to Ansal. “The accused has induced the authority into acting in a certain way based on false/deficient information, benefiting therefrom by being wrongfully issued the passport,” the Court had observed.

The trial court also held that offences under Sections 177 and 181 IPC were prima facie made out, noting that Ansal had furnished false information to a public servant despite being legally bound to disclose true facts, and had filed a false affidavit before a public authority. However, the Court clarified that offences under Sections 192 and 197 IPC were not attracted in the present case.

The FIR in the matter was registered by the Delhi Police Crime Branch pursuant to directions of the Delhi High Court on a petition filed by the Association of Victims of Uphaar Tragedy (AVUT) through its General Secretary. During the proceedings before the High Court, it had emerged that Ansal had allegedly procured passports on multiple occasions through applications containing misdeclarations or suppression of material facts.

After completion of investigation, a chargesheet was filed against Ansal for offences under Sections 177 and 181 IPC and Section 12 of the Passports Act. The court took cognisance of these offences on February 27, 2021, and summoned the accused.

Sushil Ansal, along with other accused, was earlier convicted in the Uphaar fire tragedy case. The devastating fire broke out at the Uphaar Cinema in Delhi on June 13, 1997, during the screening of the film Border, claiming 59 lives.