The Karnataka High Court recently refused to quash criminal proceedings against a travel agent accused of facilitating the renewal of a passport for an alleged terrorist who is wanted by the Andhra Pradesh Anti-Terrorist Squad [UM Haidar v State Public Prosecutor & Ors].

The travel agent was accused of fraudulently giving his travel agency's address for the terror suspect's passport renewal. Similarly, the agent was accused of giving the same wrong address in as many as fifteen passport applications.

A single bench comprising Justice M Nagaprasanna on June 18 observed that such acts, if true, compromised the security and sovereignty of the nation.

The Court, therefore, dismissed a plea by the travel agent to quash criminal proceedings initiated against him. The travel agent must face a full trial, the Court held.

"The gravity of the accusation lies in the consequence of the petitioner’s acts. By facilitating the clearance of applications founded on allegedly fabricated residential credentials, the petitioner is said to have enabled the renewal of a passport in favour of a person suspected of activities inimical to national security. Such allegations, if ultimately established in trial, transcend ordinary criminal misconduct and enter the realm of conduct prejudicial to the security and sovereignty of the Nation," the Court said.

The travel agent had also urged the Court to take a lenient view on account of his having physical disabilities. The Court rejected this argument as well.

"The petitioner, therefore, must face trial and come out clean, if indeed he is innocent. His disability, health condition, or personal circumstances, though deserving of human sympathy, cannot become grounds to truncate prosecution where allegations touch upon acts potentially adverse to national interest. When the allegation concerns facilitation of documentation in favour of a person suspected of terrorist links, the issue ceases to be one of private criminality and assumes larger public significance," it said.

The travel agent was accused of providing his travel agency's address as the residential address in around fifteen passport applications.

Among the applicants who successfully renewed their passport in this manner was Ibrahim Khalil, a wanted man by the Andhra Pradesh Anti-Terrorist Squad.

After the police constable who verified several passport applications routed through the travel agent came to realise that Khalil was a wanted man, he filed a criminal complaint. Khalil was named the first accused. Later, the travel agent was also named an accused (accused number 3).

The travel agent then moved a plea to quash the criminal proceedings against him.

The High Court refused to grant any such relief to the travel agent.

Notably, it also urged the State to promptly sanction prosecution against the constable who had been verifying the passport applications that were routed through the travel agent with false addresses.

The Court observed that verifying passport applications without proper field inquiry or due diligence as a serious breach of public duty with far-reaching consequences.

"The said constable, therefore, cannot be permitted to go scot-free. Learned State Public Prosecutor would submit that sanction to prosecute the said police constable has already been sought and is presently pending consideration before the competent authority. If such a proposal is indeed awaiting consideration, it becomes imperative for the State to process the same with promptitude, bearing in mind the observations made herein," the Court said.

It added,

"Any individual - whether a private citizen, intermediary, or public servant - who, by act of commission or omission, acts against the interest of the Nation must be brought to book. National security is not imperiled only by those who directly engage in unlawful acts; it is equally endangered by those who facilitate, enable, or negligently permit such acts to occur. The law must therefore reach every link in the chain."

Advocate Parameshwarappa MV appeared for the travel agent.

Special Public Prosecutor BN Jagadeesha appeared for the Assistant Circle Police Inspector, Mangalore East Police Station.

The Regional Passport Officer, Mangalore Division, was represented by Deputy Solicitor General of India H Shanthi Bhushan.

[Read Order]