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Synopsis

The Madras High Court recently permitted a man who used to work as a Mason in Singapore to file a fresh application for a new passport after 9 years of cancellation of his earlier passport. 

The bench of Justice GR Swaminathan noted that the earlier passport of the man had been applied through an agent who was indulged in fraud and in order to quicken the process of obtaining passport, he had given false particulars.

Court said, "...for almost nine years, the petitioner has been without any passport. Obviously, his life and career have been affected. Even if the petitioner had committed a mistake, he cannot be condemned forever".

Court emphasised that the biblical concept of eternal damnation goes ill with the reformatory trend in modern jurisprudence. "In my view, the petitioner has suffered disproportionately," opined the single judge bench. 

The court was dealing with a writ petition filed seeking a declaration that cancelation of the petitioner's passport was illegal. Consequently, the petitioner sought direction for issuance of a new passport as well. 

It was the petitioner's case that in 1994, he obtained his first passport and went to Singapore for work. That passport eventually expired in the year 2014. 

Thereafter, the petitioner applied for renewal through an agent, who gave false particulars. 

Therefore, the petitioner was asked to appear for enquiry before the police authority and was directed to surrender his passport. The petitioner's passport was then impounded.

Though the high court held the impounding of the passport legal as false particulars and false documents had been given to obtain the same, it said that "at the same time, the court cannot lose sight of the human angle".

While granting relief to the petitioner, court said, "I hope that the petitioner would have learnt his lessons and this time he would submit correct particulars".

Case Title: S.Chandran v.  The Regional Passport Officer, Bharathi Ula Veethi, Madurai