Allowing a petition by Radhakrishnan, Justice K Chandru said there was no criminal case pending against the petitioner on the day the impounding order was issued on January 1.
Besides the petitioner had been acquitted in the criminal case and the pendency of government's appeal cannot be a ground for impounding the passport.
The Regional Passport Officer had contended that the showcause notice was issued on Oct 26, 2008 as Radhakarishnan had obtained the passport suppressing the criminal case against him. As there was no response, another showcause notice was issued later and finally on January 1 the order for impounding the passport was issued.
The judge, however, said if subsequently criminal cases had been registered it was different matter and the officials would decide the same as it was a subsequent development. The RPO had to pass appropriate orders.
He said the RPO, while issuing orders, should give particulars of criminal cases pending and mention the reason (for the action) clearly instead of using mechanical format.
