[Passport impoundment] Madras High Court asks Leena Manimekalai, Susi Ganeshan to appear on Nov 1

The hearing in the plea before Madras High Court by filmmaker Leena Manimekalai against the impoundment of her passport by the Passport Authority, citing a defamation case filed by Susi Ganesan, took an interesting turn on Wednesday when the judge called for the presence of both Manimekalai and Ganeshan..The Court has asked both Manimekalai and Ganeshan to appear before the Court on November 1, Monday at around 1 pm to examine whether there is any scope for resolution of differences between them..Justice R Mahadevan orally clarified that he was not issuing any warrant to summon them, but rather told the counsel to convey the development to their respective clients. .The judge on Wednesday also expressed reservations about whether Manimekalai's passport could have been impounded only on account of a defamation case, which he remarked involved a personal dispute between two individuals. ."See, personal scores cannot be taken on these lines before statutory authorities. This is a matter regarding some defamatory allegations. What way the authority is concerned with this? Let them adjudicate (the case) … it infringes the right of a person to travel. What for are you impounding? Is there an economic criminal committed?" Justice Mahadevan asked the Passport Authority's counsel. .During the course of the proceedings, the Court was also prompted to orally remark,"It is a well settled principle that pendency of criminal case is not bar for issuing passport. There cannot be any impediment for any passport authority to release the passport, unless otherwise provided. Suppose it is an economic offence.. here it is purely a personal score, the dispute is between two individuals, it can be sorted out. A person’s right cannot be touched upon by passport authority.".Advocate Infant Dinesh, appearing for the Regional Passport Authority, submitted that the filmmaker's passport was impounded invoking the authority's own jurisdiction under Section 10 (3) of the Passports Act and not Section 104 of the Code of Criminal Procedure. .Notably, a sessions court in Chennai recently quashed a Magistrate order to impound Manimekalai's passport while invoking Section 104, CrPC. The sessions court had concluded that the Magistrate had erred in citing Section 104, CrPC in this case. .Advocate Dinesh further submitted today that the Passport Authority impounded Manimekalai's passport upon receiving an adverse report from the police which has stated that criminal proceedings were pending against Manimekalai. The Passport Authority is not concerned with seriousness of the crime, Dinesh added. .Justice Mahadevan responded by observing that the Passport Authority can still decide these matters on its own. While so, he expressed doubts as to whether a private dispute can be a ground to impound Manimekalai's passport. ."Private parties can work out remedies before court of law. Life long, a person is not going to stay abroad. If an undertaking is given that they will come back as and when required, that is enough," the judge said, further suggesting that the Court can direct Manimekalai to file such an undertaking before she goes abroad. .The counsel appearing for Susi Ganeshan, who is an impleading party in the matter, has disputed the maintainability of Manimekalai's petition. .The Court eventually mused on whether it is possible to sort out the dispute between Manimekalai and Ganeshan, which had led to the defamation suit and, thereafter, the impoundment of Manimekalai's passport. ."Ask both of them (Manimekalai and Ganesan) to appear before me, I will sort out in one hour," the judge orally suggested. ."I am also agreeable to this," Ganeshan's counsel told the Court, in response. .The counsel for Manimekalai added, "This lady is also losing her life, she was given a full scholarship to York University.".The Court said it would dispose of Manimekalai's writ petition on November 1, Monday, the next hearing date..Manimekalai's passport was impounded last month citing a pending 2019 defamation case filed by film director and producer Susi Ganeshan, against whom Manimekalai had levelled sexual harassment allegations in 2018.