Facts: Tibetan man called XXXX holds Indian Passport since while holding renewed machine readable IC . He intends to surrender IC and RC and retain the Indian passport. The bio data in Passport and IC are same with different address. The address given in the passport in North east and IC at Tibetan Settlement in the South Karnataka.
Note: You have applied for Indian Passport by giving a false information that you are of Indian origin and that your place of birth is Nagaland. 2) You also suppressed the material information about the existing passport while applying for renewal of IC. This is offence punishable under Section 420 of IPC read with Section 12 (1) (a) (b) of the Passport Act, 1967
Although, you have not used/traveled by this passport /IC till now, once you travel by the passport OR IC , it is likely that your name will pop up at the airport since you have been issued with new IC.
The option of surrendering your Indian passport is also subject to the conditions.
The misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India –
(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than 1 year but which may extend to 5 years and with fine which shall not be less than Rs 10,000 but which may extend to 50,000.
it has been decided to impose penalty on a graded scale for such violations as per details given below:-
NO PENALTY- Passport not surrendered up to 3 years and
not used for travel
Rs 10,000 Passport not surrendered up to 3 years &
travelled once .
Rs 50,000 passport not surrendered up to 3 Years & traveled.
IF you choose to retain the Passport and surrender the IC, then
Note:
1) The policy of Government of India is that Although IC has to surrender only to RPO, New Delhi, the notification of Inter-ministerial meeting on 30.3.2010 says that Tibetans can surrender their RC/ IC only after their status as an Indian is decided by the Ministry of Home Affair under Section 9(2) of Citizenship Act, 1955. Which means a Tibetan can surrender his IC/RC only after he makes application for Indian citizenship under section 9(2) of Citizenship Act, 1955.
2) it is possible that Government will reject your application , leaving you with the only option to proceed the footstep of predecessors ie to file a petition before the high court.