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KPR MURALIDARAN (SR PROJECT MANAGER)     04 November 2014

Refusal of passport

My brother in law staying in kenya is an Indian citizen &  suddenly fell sick & was admitted in an ICU hospital in unconscious state in 16th January 2014 by an unknown person. He lost all identification documents during this process He is an Indian citizen  & continues to be Indian citizen. After recovery , he personally met the Counsellor of the INDIAN HIGH COMMISSION on 15.6.2014 & had interview for the issue of new passport. He made online application for new passport in kenya & paid the fees & accepted by Indian High Commission. He was called to the High commission office in the 29 th OCTOBER 2014 & High commisioner has verbally told that no passport will be issued & he will be deported to India.We got unofficial information from the High commission that his passport is issued & presently at kenya in the High commission office

So far My brother in law has not committed any offence against indian government not in to any anti national activities so far which will be a hinderance for issuing a new passport.

Please let us know what recourse we should do legally to ensure that the passport is issued & can we sue the high commisioner for the damages & mental agony caused



Learning

 3 Replies

Sudhir Kumar, Advocate (Advocate)     09 November 2014

have you contact Min of External Affairs in India.

Kolla Gangadhar (Practicing Advocate since 1986)     17 November 2014

Contact External Ministry of India and submit representation stating all true facts to get Passport.

KPR MURALIDARAN (SR PROJECT MANAGER)     07 December 2014

Dear Sir,

The Passport is ready in the High commission office as per the reply received to my RTI Query. However the high commission had written to me in the RTI Query that they have decided not to give the passport and send him back to India on an Emergency certificate at the Government cost on the same day “ CONSIDERING THE FACT THAT HE HAS NOT VISITED INDIA SINCE 1982 & HIS DETERIORATING HEALTH, BOTH PHYSICAL & PSYCHOLOGICAL& POOR FINANCIAL CONDITION.”

This remarks are made without any medical test by registered and qualified doctor. The issue is the same high commission officers accepted his application,, verified, scrutinized & recommended for issue of passport. My brother is physically and mentally fit.

We have given representation to the chief passport office & Foreign secretary for immediate help in this regard.

Can we send a legal notice to the high commissioner for such loose and derogatory remarks & defamation & does the high commissioner has any legal authority as per the passport act  not to hand over passport when it is already prepared and ready to issue. I presume only POLICE AND COURT has that power.

 


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