3 min readNew DelhiJun 15, 2012 01:32 AM IST
First published on: Jun 15, 2012 at 01:32 AM IST
A person found guilty of suppressing any material fact or furnishing false information while applying for a passport cannot be fined more than Rs 5,000. This penalty amount cannot be increased even if he or she agrees to a demand by the passport authorities to shell out more money in order to eventually obtain a passport.
Limiting the penalty amount in all such cases,the Delhi High Court cautioned the officials from bypassing their authority by making people swear affidavits,stating they were agreeable to pay the amount demanded from them.
“The concerned passport authorities are warned to adhere to the decisions passed by the court and not to repeat the same mistakes. Any further disregard shown to the orders of the court in other cases would be viewed seriously and shall also be liable for costs,” said Justice Vipin Sanghi in a recent order.
Censuring the authorities,Justice Sanghi referred to earlier orders by the court wherein the authorities were told that the Passport Act did not authorise the officials to impose or to retain a penalty in excess of what is legally permissible. As per the legal provision,the court noted,the penalty in appropriate cases could not exceed more than Rs 5,000.
The court was adjudicating a petition by one Daljeet Singh,who had challenged a decision by the Joint Secretary (Passport Seva Portal) & Chief Passport Officer,imposing on a him a penalty of Rs 50,000 as a condition to issue him a new passport. What brought the penalty for Singh was the fact that he once had taken political asylum in Germany and the government sought to deter such actions.
Subsequently,Singh had also given an affidavit,conceding to the demand of Rs 50,000 in penalty after admitting that he had taken political asylum in Germany. He moved the High Court against this order and contended the penalty amount was arbitrary since it was not in accordance with the Passport Act.
Taking up the matter,Justice Sanghi sought to dispose of the issue in one hearing. He underlined that the courts in its two earlier decisions had made it clear that the passport authorities could impose a penalty only to the maximum of the Passport Act and any affidavit or statement by a person could not justify the department’s decision to go beyond the prescribed sum.
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