MIRZA AFZAL BAIG Vs. REGIONAL PASSPORT OFFICE THANE

JUDGEMENT

(1.) HEARD. Rule. The respondents waive service. By consent, rule made returnable forthwith and taken up for hearing.

(2.) THE grievance of the petitioner relates to withholding of the passport issued to the petitioner, which was surrendered by the petitioner pursuant to the letter dated 19-3-2003, being without any justification and authority of law.

(3.) THE petitioner was issued with the passport on 18-5-1993. However, on 19-9-2003 the petitioner was directed to surrender the said passport to the office of the respondent No. 1 and accordingly the petitioner along with his reply dated 11-11-2003 surrendered the said passport. It appears that the passport was ordered to be surrendered on the ground of alleged links of the petitioner with a banned association called SIMI. It is the contention of the petitioner that the petitioner ceased to be the member of the said association having resigned therefrom since 1995. On that ground the petitioner requested the respondents to return the passport to the petitioner. However, the respondents did not return the passport and hence the petitioner has filed the present petition.