PRASHANT BHUSHAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner was issued a passport on 03.05.2006 under the Passports Act, 1967 (hereinafter referred to as 'the Act') valid for a period of ten years.

(2.) The petitioner made an application on 26.06.2014 for re -issuance of the passport since leaves in his passport booklet had exhausted. In the said application the petitioner had mentioned the details of the cases that were registered against him for the alleged violation of Sec. 144 of Cr.PC and Sec. 3 of Prevention of Damage to Public Property Act, 1984 which are pending in Patiala House Court namely FIR No. 71/2012 and 72/2012 on the file of PS Tughlak Road and FIR No. 130/2012 on the file of PS Parliament Street. The petitioner was informed that in view of the pendency of the criminal cases, it is necessary for him to obtain No Objection Certificate (NOC) from the Court where the criminal cases are pending. Accordingly the petitioner moved the Court of Metropolitan Magistrate at Patiala House Courts, seeking NOC for reissuance of his passport. By order dated 02.09.2014, the Metropolitan Magistrate, Patiala House Courts, New Delhi issued NOC for renewal as per Rules. However, the Respondent No. 2/Passport Officer, by order dated 15.09.2014, issued the passport with validity for a period of one year only stating that the petitioner is eligible for a short validity passport in terms of the Notification dated 25.08.1993 and that the request of the petitioner for re -issue of the passport for full validity cannot be acceded to unless the court issues a fresh order in that regard.

(3.) Aggrieved by the same, this petition has been filed seeking a declaration that the Notification dated 25.08.1993 is unconstitutional and void and that the petitioner is entitled to re -issuance of passport for full validity of ten years. Subsequently, the writ petition has been amended seeking an additional prayer to quash Sec. 6(2)(f) of the Act on the ground that it is violative of Article 21 read with Article 14 of the Constitution of India.