The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct /, /r Respondent No.2 to suspend Passport No. X9806606 (earlier V698'1435) which was fraudulently obtained in the name of Syed Zakariyah S/o Syed Farooq by using fabricated documents with an incorrect Date of birth 05.07.2019 pending disposal of the present Writ Petition. 1 Counsel for the Petitioner: SRI T. RAGHURAM Counsel for the Respondents: M/s ANJALI AGARWAL, S.C. APPEARING ON BEHALF OF THE DEPUW SOLICITOR GENERAL The Gourt made the following: ORDER 1, wp_19951_2025 NB(,J $ \ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.19951 of 2025 ORDER: The case of the petitioner, insofar as relevant for the disposal of the writ petition, is that he married Shagufta Arshad on 19.07.2018, and out of the wedlock, a male child (Master Syed Omar Qazi) was bom on 02.07.2019 in Kalaburagi Municipality, Kamataka. Due to marital discord, they divorced on 16.09.2020 in Gulbarga, Kamataka.

1.1 It is the allegation of the petitioner that Shagufta Arshad has misidentified his biological son (i.e., Master Syed Omar Qazi) as "Syed Zakariyalf' S/o "Syed Farooq," and obtained a fake Birth Certihcate from Mahabubnagar Municipality by showing the date of binh of the child as O5.O7.2}lg, and using the fake Birth Certificate issued by Mahabubnagar Municipality, and using fake Aadhar Card and supporting documents, she obtained a passport from RPO, Hyderabad, vide Passport No.V698 1435.

1.2 It is further alleged that Mrs. Shagufta Arshad made another application before the RPO, Bangalore, by representing that she lost the earlier Passport (issued by RPO, Hyderabad), and on 29.05.2023, she obtained a new passport (No. X9806606) in the name of Syed Zakariyah by usrng the same fabricated documents that were used to obtain the Passport' from RPO, Hyderabad.

1.3 It is the grievance ofthe petitioner that he made RTI complaint, and also representation dated 24.04.2025, seeking cancellation of the passport fraudulently obtained for his son Syed Omar Qazi by rn{sidentifying the child as Syed Zakariyah with an incorrect Date of Birth \ i i I 2 wp_19951_2025 NBK, J i.e.,05.07.2019. It is also alleged that Mrs. Shagufta Arshad had unlawfully removed the child (Master Syed Omar Qazi) to Saudi Arabia using the said passport, without obtaining the mandatory consent of the petitioner, despite the petitioner being the biological father of the child.

1.4 It is further stated that the petitioner filed Guardianship and Wards Case No. G&WC 4/2022 before the Family Court, Kalaburagi, seeking visitation rights to meet his son on the occasion of Ramzan Eid; however, the opposite party failed to comply.

1.5 It is also stated that the petitioner submitted a complaint to i I respondent No.2-Regional Passport Officer, Hyderabad, on 04.11.2024, seeking cancellation of the passport issued in the name of Syed Zakaiyah. In response, on24.12.2024, respondent No.2 informed the petitioner that the matter had been referred to the passport issuing authority for verihcation of the genuineness of the birth certificate. Further, on 13,11.2024, respondent No.2 issued a verification letter to the Registrar, Kalaburagi, who confirmed on 0 I .01 .2025 that the birth record pertains to Syed Omar Qazi and not Syed Zakariyah.

1.6 It is the grievance of the petitioner that despite such respondent No.2 has failed to take action to cancel the .confirmation, lpassport issued in the name of Syed Zakanyah.lt is also his grievance that the minor child, Syed Omar Qazi, remains detained in Saudi Arabia, resulting in the loss of Indian citizenship, and that the evasive replies and I inaction of the respondent-Passport Office are causing severe psychological harm to both him and the child, leading to permanent alienation, which amounts to a violation of the petitioner,s fundamental rights. t \ ,'/ 3 wp_19951_m25 Nax,l \

2. Heard Mr. T. Raghuram, leamed counsel for the petitioner, and Mrs. Anjali Agarwal, leamed Standing Counsel appearing on behalf of the Office of the Deputy Solicitor General. Perused the record.

3. Leamed counsel for the petitioner made submissions in line with the writ affidavit. He essentially contends that Shagufta Arstrad misrepresented the identity of the child (Syed Omar Qazi) as "Syed Zakariyah," obtained a fraudulent birth certificate from Mahabubnagar Municipality, Telangana" and procured the passport based on such misrepresentation. He submits that the said passport is, therefore, liable to be cancelled.

4. Leamed Standing Counsel places before the Court the instructions dated22.07.2025 received fiom the Regional Passport Offrcer, Hyderabad, and submits that since the latest passport was issued by the RPO, Bangalore, the RPO, Hyderabad, has forwarded the complaint to the RPO, Bangalore, for necessary action. She refers to paragraphs l0 to I 3 of the instructions, which state as follows:

10. Mn Shaibaz Pasha addressed a letter to the (CNV & D, MEA, requestw immediate disciplinary action and investigation regarding the issuance ofa passporl to his minor son. In reply, this ofrce advised the petitioner to approach the RPO, Bengaluru, along with the requisite documents, os the passporl was issued by RPO, Bengaluru (Annexure V).

11. This ofrce also requested the Superintendent of Police, Kalabuagi, Karnataka, to expedite the matter and send a report at the earliest, vide our letter dated 19-06.2025.

12. On 25.06.2025, a letter was received from the Deputy Commissioner of Police, Kalaburagi City, Karnataka, in Kannada, stating that the first marriage o.f Mrs. Shagufta Arshad was with M/. Shaibaz Pasha, solemnized on I 6.09.2020, and a child, Master Syed Omar Qazi, was born to them on 02.07.2019. Later, they were divorced at the Chief Qazi's o.ffrce in Kalab,uragi on 16.09.2020. t t I i I I :/ I I I 4 wp_19951-2025 NBK,I Thereafter, she maried Syed Farooq on 2I.02.2021. (Copies of the marriage certificate, divorce certificate, and birth cerfirtcate are attached - Annexure VI).

13. On 01.07.2025, this ofice forwarded the complaint along with the documents to the Regional Passport Offtce, Bangalore, for necessary action, as the latest passport was issued by them.

5. Having considered ttre respective contentions and perused the record, at the outset, it is relevantto referto Section 10 (3) (b) ofthe Passports Act,

1967. and the proviso thereunder, which reads as follows:

10. Variation, im.pounding and revocation of passports and travel documents (3) The passport authorit.v may impound or cause to be impounded or revoke a passport or travel document:- (a) -- (bl ;r 6" passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holde:r of the passport or travel document or any other person on his behalfi [Provided that f the holder of srch passport obtains another pessport the passryrt authority shall also impound or cause to be impounded or revolce such other passportJ (Proviso inserted by Act No 35 of l99j dated l3th. April, 1993). [t is to be noted that as per the written instructions dated 22.07.2025

6. of the RPO, Hyderabad, the verification done in pursuance of the complaint of the petitioner revealed that lvfrs. Shagufta Arshad obtained a passport No.V698 1435 for the child named Syed Zakaiyah from RPO, Hyderabad, by producing the Birth Certificate issued by Mahabubnagar Municipality showing the date of birth as 05.07.2019 whereas the petitioner's assertion t^ l /4 I 5 199s1_2025 Na(,1 that the child's actual name is Syed Omar Qazi, bom on 02.07.2019 at Kalburgi Municipal jurisdiction, Kamataka.

6.1 Further, the Letter dated KMP/B &D12024-25 dated 0l .0 1 .2025 addressed to the RPO, Hyderabad, by the Registrar, Birth & Death, Kalaburagi Mahanagar Palike, Kalaburagi, in response to the RPO, Hyderabad's RTI application with regard to Genuineness of Birth Certificate, reveals that the Birth Certificate of Register No. 803207/T/B / 2019 / 0 13 120, DOB : 02.07 .20 I 9 related to Syed Omar Qazi S/o Shaibaz Pasha, were found to be correct.

7. It is to be noted that Mrs. Shagufta Arshad obtained the initial Passport No.V6981435 from RPO, Hyderabad, with validity from 24.01.2022 to 23.01.2027; and Mrs. Shagufta Arshad obtained a new Passport No.X9806606 from RPO, Bangalore, by ctaiming that the previous passport obtained from RPO, Hyderabad, was lost, and by obtaining a lost certificate from the Police authorities there in Kamataka.

8. At this juncture, it may be noted that the Passport authority, under Section 10 of the Passports Act, 1967 is empowered to impound and revoke a passport ifthe same is obtained by false declaration and m isrepresentation, and the Passport authority, under the Proviso to Section I 0(3 Xb) of the Act can even impound and cancel any subsequent passport obtained on the basis of such false declarations. Therefore, the Act does not bar the 2nd respondent-Passport authority from taking action for impounding/cancellation of the passports in question.

8.1 The response received from the Registrar of Births, Kalaburagi Mahanagar Palike, for the RTI enquiry of RPO, Hyderabad,, dated I I I I 6 wp_19951_2025 NAK, .,

13.11.2024, would revel that the Date of Birth of Syed Omar Qazi, S/o Shaibaz Pasha is 02.07.2019 as per Office records. i

8.2 It is not the case of either of the parties, 2nd respondent-RPO, Hyderabad, that when admittedly a child was bom to Mrs. Shagufta Arshad on 02.07.2019 in Kalaburagi Municipality, another child was bom to Mrs. Shagufta Arshad, on 05.07.2019 under Mahabubnagar Municipality, within a gap of two days.

8.3 Furthermore, the l"t respondent being the overall controlling authority of all the RPOs, the 2nd respondent ought to have communicated to the Istrespondent for necessary action of impounding/cancelling of the subject passports, after receiving the communication from the Registrar of Births, Kalaburgi M ahanagar Palike, Karnataka.

8.4 [n that view of the matter, this Court finds force in the contentions ol' the leamed counsel for the petitioner, that there is misrepresentat ion in obtaining the subject p{Esports for the child Omer Syed Qazi, as per the material papers filed with the writ petition.

9. Accordingly, the writ petition is allowed with a direction to the I'r respondent to take appropriate action within two weeks liom the date of receipt ol-a copy ol'this order. No costs. Miscellaneous petitions pending, if any, shall stand closed I Sd/- P.C. SULEKHA DEVI ASSISTANT REG]STRAR //TRUE COPY// r- :E sEcTtoN oFFtcER 1. The secretary, Union of rndia, Ministry of Extemal Affairs New Delhi _ 110011 2. TheRegionat passport Officer, Regionat passfrt Oftice, HVO"raO"a, O.f.fo. B-?:?15 to 219, Adjacent to prashanth Theatre, Kummarguda, S"ir"i"rrOrO - 500 003

3. One CC to Sri T. Raghuram, Advocate IOPUCI 1 9n" CC to Sri Anjati Agarwal, S.C. for C'entral Govemment[OpUC] 5. Two CD Copies -t ,- ^ d-r<4t T J/MP ( I t I I HIGH COURT DATED:04 10912025 ORDER WP.No.19951 of 2025 .,d ; I\i STAIE b o 0r ttB n$ * t_,i::-. . r,.'r-tC\ G) F ALLOWING THE WRIT PETITION WITHOUT COSTS r J-rs <+l,lze