Indian Kanoon - Search engine for Indian Law

(25) Lastly, it was suggested that the denial of passport to the petitioner is mala fide. It has been alleged in paragraph 8 of the edition "that there is no case pending against the petitioner in any Court of law and that under the administrative instructions as well passport to an Indian citizen can only be refused in five cases, namely, anti-Government, hto communist, established smuggler, trying to jump the bail granted in a criminal case or being involved in a murder case or trying to run away. The petitioner does nto fall in any of the above categories". If the petitioner has nto right under Article 21, .21 as I have discussed already, then by very nature of things even if there be any such instructions they cannto be exhaustive, as in extending the benefit to an individual the Government must act having regard to fact and circumstances of each case. In this view, I would dismiss the petition leaving the parties to bear their own costs.