The Karnataka High Court has refused to quash criminal proceedings against a travel agent accused of facilitating the passport renewal of an alleged terrorist by providing a false residential address, observing that the allegations, if proved, have serious implications for national security and must be tested at trial.

Justice M. Nagaprasanna, in a judgment dated June 18, held that the accusations went beyond ordinary criminal misconduct and, if established, would amount to conduct prejudicial to the security and sovereignty of the nation.

The Court, therefore, dismissed the travel agent's plea seeking quashing of the criminal case, holding that he must face trial.

"The gravity of the accusation lies in the consequence of the petitioner’s acts. By facilitating the clearance of applications founded on allegedly fabricated residential credentials, the petitioner is said to have enabled the renewal of a passport in favour of a person suspected of activities inimical to national security. Such allegations, if ultimately established in trial, transcend ordinary criminal misconduct and enter the realm of conduct prejudicial to the security and sovereignty of the Nation," the Court observed.

The travel agent had also sought leniency on the ground of his physical disability. Rejecting the submission, the Court held that personal circumstances cannot override the need to prosecute allegations affecting national interest.

"The petitioner, therefore, must face trial and come out clean, if indeed he is innocent. His disability, health condition, or personal circumstances, though deserving of human sympathy, cannot become grounds to truncate prosecution where allegations touch upon acts potentially adverse to national interest. When the allegation concerns facilitation of documentation in favour of a person suspected of terrorist links, the issue ceases to be one of private criminality and assumes larger public significance," the Court said.

According to the prosecution, the travel agent used his travel agency's address as the residential address in nearly 15 passport applications.

One of the beneficiaries was Ibrahim Khalil, an individual allegedly wanted by the Andhra Pradesh Anti-Terrorist Squad, who successfully renewed his passport using the same address.

The matter came to light after a police constable responsible for verifying passport applications realised that Khalil was a wanted person and lodged a criminal complaint. Khalil was named as the first accused, while the travel agent was later arrayed as accused No. 3.

Seeking to avoid trial, the travel agent approached the High Court to quash the proceedings, but the Court declined to interfere.

The High Court also expressed concern over the role of the police constable who had verified multiple passport applications carrying the same incorrect address without conducting proper field verification.

Calling it a serious dereliction of public duty with potentially grave consequences, the Court urged the State to expedite the pending proposal for sanction to prosecute the constable.

"The said constable, therefore, cannot be permitted to go scot-free. Learned State Public Prosecutor would submit that sanction to prosecute the said police constable has already been sought and is presently pending consideration before the competent authority. If such a proposal is indeed awaiting consideration, it becomes imperative for the State to process the same with promptitude, bearing in mind the observations made herein," the Court observed.

Emphasising the importance of accountability in matters affecting national security, the Bench added:

"Any individual - whether a private citizen, intermediary, or public servant - who, by act of commission or omission, acts against the interest of the Nation must be brought to book. National security is not imperiled only by those who directly engage in unlawful acts; it is equally endangered by those who facilitate, enable, or negligently permit such acts to occur. The law must therefore reach every link in the chain."

Advocate Parameshwarappa M.V. appeared for the petitioner. Special Public Prosecutor B.N. Jagadeesha represented the Assistant Circle Police Inspector, Mangalore East Police Station, while Deputy Solicitor General of India H. Shanthi Bhushan appeared for the Regional Passport Officer, Mangalore Division.