hai,
1) in the 498a case, PP had made a petition to magistrate u/s 105(3) of CRPC to write to GOI to serve NBW on the accused who is staying abroad.
in that petition he stated " the court was pleased to direct the passport authority, xxx place to revoke the passport of respondent Mr. A by acting under the provisions of Sec. 10(3)(h).
the passport authority,xxx place had passed orders dated 08.12.2011, for revoking the same".
-----on an RTI application made to passport authority at xxx place to provide copy of the order issued for impounding/revoking the passport to contest the same in court, it was informed " we could not impound the passport as it was issued by passport authority of YYY place. we forwarded the impounding order [he must be referring to the order of the court] to the passport authority of YYY place for necessary action".
2) another RTI application was made to the passport office, XXX place to provide certified copy of their order dated 08.12.2011 impounding/revoking the passport and certified copy of letter sent by the passport office, XXX place to the court.
----the passport office replied to the RTI application " this is to inform you that we have forwarded the court orders to the p.port office, YYY place to impound the passport. we have not received any compliance from the p.port office, YYY place."
thus it appears p.port office, XXX place did not issue any orders to revoke/impound the p.port but only forwarded the court order to p.port office , YYY place on 21.12.2011, for necessary action.
3) the Public prosecutor also wrote in the petition " the respondent had not surrnedered the passport despite orders of the p.port authority."
we have not received any orders from any p.port office to surrender the passport.
3) it appears that the public prosecutor made misrepresentation in his petition to the court about the impounding/recovation of p.port and about not surrendering of passport despite orders of p.port authority to surrender the same.
from the information received as above thru RTI it is known that p.port authority, XXX place had not passed any orders dated 08.12.2011 revoking the passport. they would have only forwarded the court order to p.port office, YYY place.
is the public prosecutor liable for contempt of court for the misrepresentations in petition submitted to the court? his representations in the petition are contrary to what the p.port office, XXX place informed in reply yto the RTI application.
can any body clarify if it amounts to contempt of court. we would like to make petition for contempt of court.
regards,
ganesh rao
