DEEPAK SADASHIV NIKALJE Vs. UNION OF INDIA

JUDGEMENT

(1.) DEEPAK Sadashiv Nikalje-petitioner herein, is aggrieved by the orders passed by respondent No. 3 and respondent No. 2, on 9th October, 2000 and 8th June, 2001, respectively whereby the petitioner has been refused issuance of passport.

(2.) THE petitioner is an Indian Citizen and claims to be a reputed film maker, having made film "vastav" which, according to him, was awarded the best film Award for 1999 by various organisations in the film industry. He was born on 27th July, 1967 and as per his case he is staying in Bombay with his wife and two children. The petitioner was issued Indian passport bearing No. B-631528 on 4th December, 1986. Upon initial expiry of the passport after five years, the said passport was renewed for a further period of five years and it expired on 3rd December, 1996. On 15th February, 1999 the petitioner submitted an application for renewal/issuance of fresh passport to the Regional Passport Officer, Mumbai (respondent No. 3 ). The application received by the Regional Passport Officer was sent for police verification and it appears that the petitioners case was not recommended by the police authorities and by order dated 24th April, 2000, the Regional Passport Officer, Mumbai refused passport to the petitioner. Aggrieved thereby, the petitioner preferred appeal. Vide communication dated 13th June, 2000 the petitioner was informed that his appeal was dismissed due to adverse police report. The petitioner upset by the orders of the Regional Passport Authority and the Appellate Authority, filed writ petition before this Court which was registered as Writ Petition No. 1422 of 2000. The said writ petition was disposed of on 4th September, 2000 by the Division Bench of this Court. In paras 5 and 6 of the order of the Division Bench observed thus:

(3.) RULE was thus made absolute by this Court in the aforesaid terms. As per the order passed by this Court, the Regional Passport Officer, Mumbai reconsidered the petitioners application for issuance of passport. By order dated 9th October, 2000 the Regional Passport Officer rejected the petitioners application by relying on section 1967. The relevant part of the order passed by the Regional Transport Officer rejecting the petitioners application for issuance of passport reads thus: