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Author Topic: RPO sends Indian passport cancellation for Police inquiry  (Read 578 times)

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Offline mariagrace

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RPO sends Indian passport cancellation for Police inquiry
« on: February 22, 2018, 10:06:36 AM »
Hi all, Would like to seek legal opinions on the below

I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.

I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. But according to our knowledge we have not used both the passports and we wanted to cancel Indian passport before using French passport and hence this should not be an offence.

RPO quoted Section 12(1A) of Indian Passport act in the letter sent to Police
"It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -

(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees"

We recently followed up with the commissioner's office and they told us that they are going to file FIR based on the above statement received from the RPO.

Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.

Offline advjaibansal

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Re: RPO sends Indian passport cancellation for Police inquiry
« Reply #1 on: February 22, 2018, 11:56:09 PM »
Dear Sir,

The Indian passport should ordinarily would have been deposited with the French Embassy at the time of issuing the French passport for cancellation. However, its not an office as you have immediately informed the Indian passport authorities after obtaining the fresh passport and tried to surrender the Indian passport.

As Indian passport authority which is not (ministry of external affairs ) have refused to issue the surrender certificate, you should file a writ petition seeking directions abasing the regional passport authority to accept the old passport and issue surrender certificate or return the Indian passport after cancellation of Indian passport. In the said writ petition also seek stay on initiation of criminal proceedings.

You will be needing the Indian passport in case, u desire to apply for OCI certificate, that will enable you to stay in India without obtaining visa I think. There is no dual citizenship in India started as if now. The cancelled Indian passport has to be retained by you for future purposes.

I hope there is no substantial delay in depositing the Indian passport after accepting the French passport.


Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline mariagrace

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Re: RPO sends Indian passport cancellation for Police inquiry
« Reply #2 on: February 23, 2018, 12:51:28 AM »
Thanks for your response, Jai.

Can you advise if in case FIR is filed, would this be a non bailable offence under Section 12 , Passport act?

Offline advjaibansal

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Re: RPO sends Indian passport cancellation for Police inquiry
« Reply #3 on: March 12, 2018, 11:14:25 PM »
However in couple of cases, I read bail was not granted where passport was forged. It seems its non bailable.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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Re: RPO sends Indian passport cancellation for Police inquiry
« Reply #3 on: March 12, 2018, 11:14:25 PM »

 

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