Punjab-Haryana High Court
Jaswinder Singh vs Union Of India & Anr on 20 February, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.17644 of 2008
Date of decision: February 20, 2009.
Jaswinder Singh
...Petitioner(s)
v.
Union of India & Anr.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: Shri Satbir Rathore, Advocate for the petitioner.
Mrs. Naveender P.K. Singh, Advocate for the respondents.
ORDER
Surya Kant, J. - (Oral):
The petitioner seeks a direction for issuance of a fresh passport to him. The petitioner's case is that he had applied for the passport on 31.1.2008 but the same has not been issued so far though he has also responded to all the queries raised by respondent No.2.
Notice of motion was issued and in response, counter affidavit has been filed by the 2nd respondent. It is explained that the petitioner did not disclose the material information in his application form due to which the process of issuing fresh passport has been delayed.
During the course of hearing, it has transpired that previously also a passport was issued in favour of the petitioner. The said passport is stated to have been lost by him; the petitioner, however, did not lodge any FIR and has got recorded a DDR and that too after applying for the new passport. Besides this, an FIR was earlier registered against the petitioner for indulging in the alleged activities of illegal immigration though the petitioner claims to have been found innocent during the course of investigation. The petitioner is now stated to be employed in government service.
Having regard to all the attending circumstances, I deem it appropriate to dispose of this writ petition with the directions, that:- (a) firstly, the petitioner shall file an affidavit, duly attested by an Executive Magistrate, that he has lost his previous passport and has not handed over the same to someone for the purposes of illegal immigration; (b) if so required or permissible under the Rules, the authorities may insist upon the petitioner to furnish adequate security in that regard; (c ) a copy of the DDR shall be supplied to the authorities; (d) the petitioner shall also produce a copy of the FIR registered against him and the certified/attested copies of the report under section 173 Cr.P.C. as well as the decision, if any, taken by the court of competent jurisdiction; (e) the petitioner shall also produce a no objection certificate from the Head of the Department; (f) if there is any other requirement, like verification from the police authorities, etc., the same shall also be furnished.
On furnishing the requisite information/documents, the passport authorities shall issue a fresh passport to the petitioner within one month.
February 20, 2009. [ Surya Kant ] kadyan Judge