Can't pass order against passport authority unless it is made party to the case: Bombay High Court to Kangana Ranaut in plea for passport renewal

The Bombay High Court on Tuesday granted time to Bollywood actress Kangana Ranaut to add the Central Passport Organization as a respondent in an application seeking renewal of her passport.

A Bench of Justices PB Varale and SP Tavade pointed out to Ranaut's lawyer, Advocate Rizwan Siddiquee, that he had failed to make the competent authority a respondent in the application.

"You want us to pass an order against the passport authority without them being a party in this application..." the Court said.

Ranaut had moved the High Court on the ground that the passport authority was raising objection to the renewal of her passport due to the FIR registered against her by the Bandra Police for her tweets.

The Court also pointed out to Siddiquee on Tuesday that the application was filed without giving specific details pertaining to the alleged objections raised by the authority on Ranaut's renewal application.

"Where in the application have you mentioned or annexed the order, or any formal communication of the passport authority where they have raised objection as you have mentioned in your application?" the Court enquired.

Siddiquee pleaded that it was an inadvertent error on his part and requested for time to make the necessary amendment. The Court granted a week's time to make the necessary amendments and issued notice to the respondents.

When the Court proceeded to adjourn the matter by a week, Siddiquee requested for an earlier date, as a movie production project Ranaut was part of had been scheduled and all concerned parties had kept the project on hold as they were waiting for the actress to join.

The Court refused to grant an earlier date, stating that if Ranaut had been vigilant, she would have approached her lawyers with all requisite details when filing the application before the Court.

"It is just a movie production, they will modify the schedule for her (Ranaut). And if there was urgency, she would have approached you (Siddiquee) with all requisite details. Your application is vague. We have granted you the earliest date!" the Court remarked.

The Court posted the application for hearing on June 25, 2021.

Ranaut claimed in her application that she was required to travel to Budapest from June 15 to August 2021 for shooting of a film in which she had been cast as lead actress.

She added that since her passport would be expiring in September 2021, she applied for renewal of passport. However, the passport authorities raised objections to the same based on the FIR registered against her. She thus sought appropriate directions from the High Court for renewal of passport.

The application also seeks a confirmation that the magistrate's order and the FIR under challenge would not compromise her right to get a passport issued in her name.

The application was filed in the plea challenging an order of the Metropolitan Magistrate at Bandra directing the Bandra police to initiate investigation into a complaint filed by one Munnawarali Sayyed over allegedly hateful tweets by Ranaut.

After the order, the Bandra police had registered an FIR against the sisters for offences punishable under sections 153A (promoting enmity between different religious groups), 295A (maliciously outraging religious feelings), 124A (sedition) read with 34 (conspiracy) of Indian Penal Code.

Meanwhile Ranaut and her sister had been granted protection from any coercive action in terms of the summons issued by the Mumbai Police.