Passport office Harrassment

My letter to Assistant Passport Officer Policy

To,
The Assistant Passport Officer (Policy)
Regional Passport Office,
Manish Commercial Centre,
216 – A, Dr. A. B. Road,
Worli, Mumbai – 400 013.

22nd November 2013 

Ref.: Your letter No.F7(7)12-D-1545/12-308-Pool-1 dated 12^th November 2013 calling upon me to show cause.
Reg.: Passport No. Z 2084690 issued on 11^th February 2010

Sir,

1.       I am in receipt of your above letter on 13^th November 2013 and at the outset I have to state that I do not have the Application submitted by me for renewal of my passport and referred by you in the first para of your letter under reply.  In order to enable me to submit a cogent, precise and appropriate reply I require  a copy  of the Application form referred by you  at the earliest.   I therefore request inspection and photo copy of the Application form referred by you in para 1 of your letter under reply. 

2.       In addition to the above, I request you to kindly grant inspection and copies of any complaint / complaints, inter office memo, file notings, demi official letter and/or any directive received from any person or the basis upon which the aforesaid show cause notice has been issued to me.   The aforesaid documents are of vital importance in order to enable me to reply effectively and meaningfully.  I therefore request you to fix an immediate appointment for inspection and tender the aforesaid documents at the earliest.

3.       Subject to above documents being offered for inspection and photocopies being furnished I may point out that there is a manifest error in your said letter.    Para -1 of your letter reads as under :

“This is with reference to your passport application submitted on 08.10.2012, on the basis of which your were issued passport bearing No.Z-2084690 dated 11.02.2010” 

4.       A bare reading of the above clearly discloses a patent error in the date the Application has been submitted.  It is inconceivable that an Application for renewal was submitted on “8-10-2012” and the passport authority issued the passport on “11-02-2010”.     The aforesaid error is crucial and it is paramount that the correct date of the submission of application ought to be communicated to me. 

5.       Without prejudice to the above and in the interim, subject to inspection being offered and photo copy being tendered.  I am submitting this reply to demonstrate that I have not committed any breach of any provisions of the Passport Act, 1967 much less any action can be instituted under Section 12(1) (b) of the Passport Act as proposed.    

6.       I am a Citizen of India. I am domiciled in the State of Maharashtra for the past 55 years and I am residing at the address given above since the year 2001.     

7.       I am a passport holder and I was issued passport bearing No.Q 113160 dated 8^th February 1980.  The said passport was valid on and upto 7^th February 1985.   

8.       To the best of my knowledge about 2-3 months prior to the expiry of the aforesaid passport  I had made an Application for renewal.    Copy of the Application is not retained  by me.  In order to ascertain the correct fact inspection and copy of above Application form may kindly be furnished to me.  The said Application was duly processed and I was issued Passport bearing No.C 823903 dated 12th August 1987.   This passport was valid on and upto 7^th February 1990.      

9.       To the best of my knowledge about 2-3 months prior to the expiry of the aforesaid passport  I had made an Application for renewal.    Copy of the Application is not retained  by me.   In order to ascertain the correct fact inspection and copy of above Application form may kindly be furnish to me.   The said Application was duly processed and I was issued Passport bearing No. G 861817 dated 28^th February 1990.   This passport was valid on and upto 27^th February 1995 and was further renewed on 3^rd January 1995 and was valid on and upto 27^th February 2000.     

10.     To the best of my knowledge about 2-3 months prior to the expiry of the aforesaid passport  I had made an Application for renewal.    Copy of the Application is not retained  by me.  In order to ascertain the correct fact inspection and copy of above Application form may kindly be furnished to me.  The said Application was duly processed and I was issued Passport bearing No. B 1629967 dated 10^th May 2000. This passport was valid on and upto 9^th May 2010.      

11.     As the aforesaid passport was to expire, to the best of my knowledge I made an Application on and around October 2009, but well before the date the passport was to expire.    

12.     On the date of Application no Criminal Case was pending against me.   As regards the only criminal case instituted and which was pending prior to the Application for renewal.   The details of the same are as under : 

13.     A demonstrably false complaint was filed against me and other.  The said Complaint  was registered as FIR by MIDC  Police Station, Andheri  (East).  The said FIR  vide Crime No.53 of 2006 was under sections 387, 120-B, 506(ii) of IPC read with section 3 (i), 3, (ii), 3 (iv) of Maharashtra Control of Organised Crime Act, 1999 (MCOC Act).   After completion of investigation charge sheet was filed before Hon’ble the Special Court  ( under MCOC Act) for Greater Bombay at Mumbai and registered as MCOC Special Case No.11 of 2007. 

14.     The trial was conducted before the Hon’ble Special Court and by a reasoned Order and Judgment dated 5^th March, 2009 the Hon’ble Special Court was pleased to honourably acquit me and other accused who stood trial.  The bail bond furnished by us stood cancelled and sureties discharged.  Copy of the Order and Judgment dated 5^th March, 2009 passed by the Special Judge (under MCOC Act), Greater Mumbai is annexed hereto and marked as  ANNEXURE – A.  

15.     Pursuant to the aforesaid order and judgment the Criminal case instituted against me stood concluded with my acquittal. No other criminal case of any nature was pending against me as on date of passing of the said order.  

16.     On 31^st July, 2009 the State of Maharashtra belatedly filed an Appeal under Section 12 of the MCOC Act in the High Court, Bombay.  The aforesaid date of lodging has come to my knowledge after subsequently checking the case status on the web portal of the Bombay High Court.  However, kindly take note that the Appeal was lodged without notice and/or copy of the Appeal being furnished to me.   Hence I was unaware of an Appeal being preferred against order of acquittal.   

17.     As the Appeal was undisputedly barred by limitation, the State filed Criminal Application No.850 of 2009 seeking condonation of 70 days  delay in fling the criminal Appeal.  The aforesaid Criminal Application No.850 of 2009 was moved, without notice to me on 7^th November, 2009.  The Hon’ble High Court, however, was dissatisfied with the contents of the Application for Condonation of delay and directed filing of additional Affidavits to set out reasons for the delay failing which the Appeal would stand dismissed.  A copy of the order dated 7^th November, 2009, downloaded from the Website of the Bombay High Court, is annexed hereto and marked as ANNEXURE – B.  

18.     In compliance of the above Order it appears that the State filed Affidavits of certain persons but requested for further time to file Affidavit of the Public Prosecutor of Court of Sessions, Greater Mumbai.  In light of the aforesaid application the said Criminal Application was adjourned.  On 19^th March, 2010 Criminal Application No.850 of 2009 was taken up for hearing.  As by then I had notice of the said Criminal Application I appeared through my Advocate.  The Hon’ble Court was pleased to condone the delay in filing the Criminal Appeal.  Pursuant to the said Order the Criminal Appeal stood registered on the file of the High Court on 23^rd March, 2010 as Criminal Appeal No.210 of 2010.  

19.     The aforesaid Criminal Appeal was taken up for admission on 30^th March, 2010 on which date the said Appeal came to be admitted.   

20.     You shall, therefore, note that as on date of Application, which to the best of my memory was around October, 2009 or a month prior or subsequent thereto no criminal case or  Appeal was pending against me in any Court of law.  

21.     I have no doubt that the present Show Cause Notice is a malafide and motivated action to harass me as I have filed Writ Petition against senior police officers. 

22.     Please take note that I have filed Criminal Writ Petition No.3187 of 2009 against the former Commissioner of Police, the former Joint Commissioner of Police (Crime), former Asstt. Commissioner of Police (Crime), Police Inspector attached to Crime Branch Unit No.8, Asstt. Police Inspector attached to Crime Branch Unit No.10, Sub-Inspector of Police attached to Crime Branch, Mumbai HO Crime Branch, amongst others.  The said Criminal Writ Petition was lodged on 3^rd December, 2009 and registered on the very same date.  The Hon’ble Division Bench was pleased to issue notice to all Respondents on 7^th December 2009 directing that the notice is returnable on 18^th January, 2010 and tagged the Criminal Appeal filed by the State with the said Criminal Writ Petition. 

23.     On 4^th October, 2010 the aforesaid Criminal Writ Petition has been admitted with directions that it be heard alongwith the pending Criminal Appeal.    

24.     I am being  harassed in as much as I was on several occasions called upon by various Police Stations/Officers from the rank of Sub Inspector up to the rank of DCP/Crime Branch Units/Special Squads/Detection Department from 16^th July 2010 upto 3^rd November 2011 on several for recording my statements, making oral enquiries and furnishing various documents.  I was also called upon by the MIDC Police Station for “Police Inquiry” wherein I was asked questions regarding renewal of my passport and details of the prosecution of the MCOC case.

25.     I may also state that the entire gist of my statement was recorded in Marathi a language with which I am totally unfamiliar and I cannot read the said language. The Officer informed me that the statement recorded is complete and I have nothing to worry.  I now have reasons to believe that the Police enquiry referred above and the present notice under the Passport Act is nothing but a counter blast to the Criminal Writ Petition filed by me against Senior Police Officers including the Former Commissioner of Police, Shri A. N. Roy and Former Jt. Commissioner of Police, Ms. Meeran Borwankar.  

26.     From the above and till documents as requested by me are furnished, it is prima facie clear that I have not furnished any false information or suppressed any material information with a view to obtain a passport under the Passport Act.  As on date of Application I have to the best of my knowledge (pending receipt of the documents requested by me) furnished full and complete information as requisitioned by the Application Form.   The details furnished by me are true and correct and as per my knowledge at the time of making the Application for renewal.  I have, therefore, not committed any offence or breach of the Passport Act.   

27.     Your notice to impound and/or revoke my passport invoking Section 10(3)(e) of the Passport Act is uncalled for and unwarranted.   

28.     Take note that I was holding a valid passport when MCOC Special Case No.11/2007 was instituted against me.  The passport    authorities did not consider impounding my passport throughout the period the said criminal proceedings were pending.  The said criminal proceedings were terminated by Order and judgment dated 5^th March, 2009 ending in my acquittal.  

29.     I have attended the aforesaid criminal proceedings punctually and regularly.  I extended full co-operation to the investigation as well as the Court to ensure that the trial is expeditiously conducted.  There has been no complaint against me in any manner whatsoever.  It is significant to note that the Hon’ble Special Court did not consider it necessary call upon me to surrender the Passport and/or in any way impose any impediment or restrain on my travel during the pendency of the said criminal proceedings.  

30.     As stated above the Criminal Appeal has been filed belatedly and is nothing but a counter blast to the various proceedings  filed by me including before the Maharashtra Human Rights Commission against Senior Police Officers for foisting a demonstrably false case against me.  However, it is significant to note that the Criminal Appeal has been admitted much after I had applied for renewal of passport and the issuance of the said passport. While the criminal Appeal was admitted no request was made by the Government Prosecutor for placing any restriction on my travel abroad during the pendency of the Criminal Appeal. 

31.     Please note that the Criminal Writ Petition No.3187 of 2009 filed by me against Mr. A. N. Roy, Former Commissioner of Police, Ms. Meeran Borwankar, former Joint Commissioner of Police Crime, Mr. Pramod Rane former Asstt. Police Commissioner Crime, Mr. Vinayak Sawarde, Police Inspector Crime Branch, Mr. Sagar Shivalkar, Asstt. Police Inspector Crime Branch and Mr. Ninad Sawant, Sub-Inspector of Police Crime Branch is pending before the Hon’ble High Court and tagged alongwith the said Criminal Appeal.  In other words Criminal proceedings are also pending against the aforenamed respondents of which please take note.  

32.     I have repeatedly called upon my Advocate to ensure that the Criminal Writ Petition and Criminal Appeal are heard as expeditiously as possible.  As a citizen I sincerely hope that justice will be rendered to me during my lifetime.  I also desire that the pendency of the aforesaid two criminal proceedings in the Hon’ble High Court should not be carried on interminably.  I am making utmost efforts to ensure that the criminal Writ Petition is heard expeditiously and I will make an application to the High Court for an expeditious hearing in light of the notice received by you.  I would be requesting my Advocate to bring the said notice to the attention of the Hon’ble Judges of the Hon’ble High Court assigned to hear criminal Writ Petitions and request that the same be heard and disposed off out of turn.  

33.     Apart from the above, please note that pending the criminal proceedings is definitely not on account of any act on my part.  Further there is no apprehension which has been expressed by any party or person that I would not be available when the criminal proceedings are taken up for final hearing.  I assure you that whenever the High Court lists the said criminal proceedings for hearing I will be present in Court to assist my Advocate.  I have always made myself available during investigation, during trial and when the Appeal was taken up for admission.  I will ensure my availability when the Appeal is taken up for final hearing.  

34.     The notice issued to me prima facie is for extraneous reasons and definitely on account of pressure brought upon your goodself by the Police Officers of the Mumbai Crime Branch.  I’m sure that as an independent statutory authority you shall not succumb to such pressure brought upon you.  Needless to state that the said police officers being a party respondent to the criminal Writ Petition ought not to have approached you to take such an action.  This is nothing but an interference with the due administration of justice.  

35.     I reserve my right to file a detailed reply to the Show Cause Notice upon being offered inspection and photocopies of documents requested for.  In the meanwhile please treat this as an interim reply.  In any event I must record that after you grant inspection and documents I shall be entitled to an opportunity of being heard in person.  I, therefore, reserve my right of personal hearing to effectively and meaningfully demonstrate that the Show Cause Notice issued by you requires to be withdrawn and no case exists for impounding the passport and jeopardizing my personal liberty.  

36.     I therefore request that : 

a)       The notice be withdrawn, under intimation to me, on basis of this interim reply;

b)       In the alternative fix an appointment for inspection and furnish documents to enable me to give a detailed and complete reply to the notice;

c)       Grant me a personal hearing thereafter to satisfy you that no case for impending Passport under the Act exists.

Sincerely yours,

Mahendra Jagdish Agarwal
Encl: Annexures A&B as above