Passing orders on a petition by Natarajan, Justice K Chandru pointed out that the impugned July 26, 2010 order by a Special CBI court was based on a letter from the CBI without hearing Natarajan. Hence, it was clearly invalid and to that extent liable to be set aside.
Accepting a submission of senior counsel G Rajagopalan that the petitioner was not heard, the Judge said that at the same time, it could not be said that ingredients of Section 10(3)(d) of the Passport Act was not attracted.
Neither immediately after his conviction nor after his sentence was suspended had his passport been impounded and he was also allowed to travel abroad during that period, the judge said.
Natarajan said he had been invited by to a function organised by the World Forum Federation to be held at Oxford, England, from August 28 to September 2 this year. He had made all arrangements for the travel. Hence he prayed for release of the passport.
The authorities contended that the petitioner was convicted by the Special Court and sentenced to two years Rigorous Imprisonment and to pay a fine of Rs 20,000.
Natarajan had preferred a criminal appeal before the High Court and the sentence alone was suspended with certain conditions. The appeal was pending before the Court.
He said on July 26, 2011, the High Court had relaxed the conditions. Hence impounding the passport at this stage was invalid and the principles of natural justice had not been followed, he claimed.
Meanwhile, the Judge dismissed another writ petition by B John Pandian, praying for a direction to the Regional Passport Officer to renew his passport as per his September 6 last representation, on the ground that a criminal case was pending against him before a Dindigul Judicial Magistrate.
