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Showing contexts for: REFUSAL OF PASSPORT in Simran Raj @ Salma Nat W/O Yugavel ... vs Union Of India on 6 September, 2022Matching Fragments
The petitioner has pleaded that she also obtained information under Right to Information Act about status of her application and she was informed that no action was taken on it.
The petitioner has pleaded that during pendency of the writ petition, the respondent No.2, issued impugned communication dated 26.05.2020 through email, wherein it was informed that (4 of 20) [CW-20055/2019] application for issuance of fresh passport has been stopped for the reason "refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement."
6. Refusal of passports, travel documents. etc. (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and no other ground, namely: -
(a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India:
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for (15 of 20) [CW-20055/2019] visiting any foreign country under clause
(c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-
(a) that the applicant is not a citizen of India.,
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
This Court finds that the Passport Authority can refuse to issue a passport under Clause (c) of sub-section (2) of Section 5 on various grounds as enumerated in sub-section (2) of Section 6 from grounds (a) to (i).
The perusal of the said Section does not bring the case of the petitioner in any of the contingencies, where passport of the petitioner can be refused.
This Court finds that the Passport Authority has erroneously usurped power of the Authority, who is competent to issue the (17 of 20) [CW-20055/2019] birth certificate under the provisions contained under the Act of 1969 and the Rules of 2000.