Do not deny passport for not wearing mask: HC directs RPO

CHENNAI: Coming to the rescue of a person who was denied a passport by virtue of an FIR registered against him for non-wearing of the mask during the pandemic, the Madras High Court has directed the Regional Passport Officer (RPO), Madurai, to issue the passport after holding that mere registration of an FIR cannot be construed to be criminal proceedings.

Justice N Anand Venkatesh before whom the plea moved by one Nagalingam in this regard came up said, “It is seen from the records that the FIR came to be registered against the petitioner only on the ground that he was not wearing a face mask, when he was driving his two-wheeler during the Pandemic condition.”

“That apart, the very registration of an FIR cannot be construed to be criminal proceedings, unless it translates itself into a final report and the same is taken cognizance by a competent Court, ” Justice Anand Venkatesh held. Based on this, he directed the Regional Passport Officer, Madurai, to process the application and issue passport, if the petitioner has satisfied all the other requirements, within four weeks.

Nagalingam had submitted that he applied for the passport on March 29, 2021 and a file number was also assigned.

However, a communication was sent by the RPO on April 16, 2021 that there is an FIR pending against him at Karuppayurani Police Station, Madurai.

But despite giving a reply on April 22, the RPO failed to act on his application and hence had no other alternative but to move the court, the petitioner said.