Delhi HC Canceled The Order Of The Single Bench, Said- Hearing Will Be Held On The Petition Challenging The Confiscation Of Passport.
The Delhi High Court has set aside the decision of the single bench in which it had refused to hear the petition challenging the confiscation of passports. The court said that this matter deserves consideration under Article 226 of the Constitution. The bench observed that the petitioner's passport was confiscated before the deadline for reply, which is a violation of procedural fairness. Now the single judge has been directed to reconsider the case.
The Delhi High Court said that the matter was worthy of consideration in exercise of jurisdiction under Article 226 of the Constitution.
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Jagran correspondent, New Delhi. The Delhi High Court has set aside a single judge's decision to refuse to hear a writ petition challenging the impounding of passports, saying the matter was fit to be considered in exercise of jurisdiction under Article 226 of the Constitution.
Citing a decision of the Supreme Court, the bench of Chief Justice Devendra Kumar Upadhyay and Justice Tejas Karia said that in the said decision, the apex court had said that in certain circumstances, refusal to hear the writ petition can have serious consequences.
With the above comment, the court canceled the order and directed the single judge to reconsider the case and pass an appropriate decision.
Know the entire thing written in the petition
According to the petition, the single bench, while refusing to consider the petition, had asked the petitioner to adopt the legal remedy of appealing under Section 11 of the Passport Act- 1967. On examining the facts, the bench found that the final order of impounding the passport of the petitioner was passed even before the expiry of the time period given to him to reply to the show cause notice.
Order passed in violation of procedural fairness
The bench noted that the petitioner had received the notice on July 28, 2021 and was given time till August 4, 2021, to respond to it; But the order to confiscate the passport was issued only on August 3, 2021. The bench further said that there is no evidence of consideration of the petitioner's earlier reply in the order and it appears that the order has been passed in violation of procedural fairness.
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