DALWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The only point for consideration in the writ petition is the effect of a release on good conduct under the Probation of Offenders Act, 1958 (for short, 'the 1958 Act') for commission of offences punishable under Sections 323, 324, 325, 427, 506, 148, 149 IPC in the matter of issue of a passport. It is not now in denial that the petitioner had suffered a conviction for the prosecution laid against him before the Sub-Divisional Judicial Magistrate, Garhshankar by a decision rendered on 03.11.2009 and punished to undergo imprisonment for a period of 3 yeaRs. During the pendency of appeal, the petitioner had been married to a person from Canada and the petitioner's grievance is that when he had applied for a passport to join his wife on her return to Canada, the passport was refused to him citing the previous conviction rendered against him, without taking note of the manner of disposal of the appeal. In appeal, the Additional Sessions Judge had released the petitioner on probation of good conduct for a period of two years on furnishing personal probation bonds for a sum of Rs. 5,000/- with one surety.

(2.) Referring to Section 12 of the 1958 Act, the counsel would argue that no stigma or disqualification could attach in case the person is released on probation. The said Section reads as under:-

(3.) The learned counsel refers to a decision of this Court in Tejwinder Singh v. State of Punjab, 2009 5 RCR(Cri) 526 that held that a person, who had been held guilty of offence under Sections 304-A, 279, 429 IPC, and who had been subsequently ordered to be released on probation, could not suffer a dismissal from service on the ground of his conviction. Even without reference to the effect of Section 12, the learned counsel would argue that what would be disqualify a person under Section 6 of the Passport Act shall be a conviction for an offence involving moral turpitude. The relevant Section reads as follows:-