HC quashes order impounding filmmaker’s passport

Impounding a person’s passport on the grounds that a criminal defamation case was pending was not permissible, held the Madras High Court, setting aside the Regional Passport Officer’s order impounding the passport of poet and filmmaker Leena Manimekalai based on the pendency of a criminal defamation suit filed against her by director Susi Ganesan.

Hearing a petition moved by Leena seeking a direction to release her passport as she has to go to York University, Canada, to pursue her studies, Justice M Dhandapani ordered the RPO to release the passport within a week.

Infant Dinesh, the Central government standing counsel who appeared for the RPO submitted that the action was initiated under Section 10 (3) (e) of the Passport Act, 1967, as the petitioner’s response to the show-cause notice was not satisfactory. He contended that it was not impounded merely on the directions of the Magistrate court, but also after regarding the communication by police. “The petitioner is acting against the direction of the High Court to cooperate in the trial of the criminal defamation case,” he added.

Leena’s counsel argued that if the authorities were to impound the passport of those facing defamation cases, no one could leave the country. Recording the submissions, the judge told the Centre’s counsel that there should be a limit for everything. “You acted upon the adverse report of the police. Don’t make hue and cry as if the petitioner had committed a huge crime,” the judge added. When the ‘Me Too’ movement erupted in 2018, Leena had aired allegations of harassment against director Susi Ganesan. Ganesan filed a criminal defamation case in 2019 and also filed a petition before the IX Metropolitan Magistrate Court, Saidapet, seeking direction to the RPO to impound her passport citing the pendency of the criminal defamation suit.

As the court closed the matter in November 2020, Ganesan approached the High Court seeking a direction to impound her passport. Then the Saidapet court opened the case again in August 2021 and issued direction on September 9 to impound Leena’s passport. Aggrieved by the order, she had approached the High Court for the release of her passport.