Punjab and Haryana High Court Rules Passport Issuance Not Within Jurisdiction of Lok Adalat

Issuance of Passport is a Sovereign Function, Not a Public Utility Service. Punjab and Haryana High Court in Regional Passport Office, Chandigarh & Others v. Permanent Lok Adalat (Public Utility Services), Ludhiana & Another ruled that the issuance of passports does not fall within the jurisdiction of the Permanent Lok Adalat (Public Utility Services) under the Legal Services Authorities Act, 1987. The court set aside the orders of the Lok Adalats in Ludhiana and Sangrur, which had directed the Regional Passport Office to issue passports and imposed penalties for delays.

The dispute arose when Manan Takkar applied for a passport with updated particulars concerning his father’s name, following his adoption. The passport office raised objections and denied the request based on technicalities surrounding the adoption deed. Takkar approached the Permanent Lok Adalat (Public Utility Services), Ludhiana, which ordered the passport office to issue the passport within seven days, failing which the office would face daily penalties.

Similar orders were passed in a related case in Sangrur, leading the Regional Passport Office to challenge the Lok Adalat’s jurisdiction in these matters.

Jurisdiction of Lok Adalat: The court examined whether passport issuance fell within the category of "immigration services" under Section 22(A)(b) of the Legal Services Authorities Act, 1987. The court held that the issuance of passports is a sovereign function, distinct from immigration services, and is governed by the Passports Act, 1967, which includes its own mechanisms for grievance redressal​.

Sovereign Function: The court emphasized that passport issuance is a sovereign function of the Central Government. It is not a commercial activity, and the relationship between the applicant and the passport authority does not create a service-provider-consumer dynamic. Therefore, passport services do not qualify as a "public utility service" within the jurisdiction of a Lok Adalat​.

Distinction Between Immigration and Passport Services: The court highlighted that immigration services pertain to regulating the entry and stay of foreign nationals, while passports are identification documents issued to Indian citizens. These operate under different statutory frameworks and should not be conflated​.

The Punjab and Haryana High Court ruled that the Permanent Lok Adalat (Public Utility Services) lacked the jurisdiction to adjudicate disputes related to passport issuance. Consequently, the awards passed by the Lok Adalats in Ludhiana and Sangrur were set aside. The court did not delve into the merits of the individual passport cases, focusing solely on the issue of jurisdiction.

This judgment clarifies that passport issuance, being a sovereign function, does not fall within the scope of public utility services and, therefore, cannot be adjudicated by the Permanent Lok Adalat. The ruling protects the sanctity of sovereign functions while delineating the limits of Lok Adalat’s jurisdiction.

Date of Decision: October 1, 2024

Regional Passport Office, Chandigarh & Others v. Permanent Lok Adalat (Public Utility Services), Ludhiana & Another​.