BALVINDERPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this writ petition for issuance of writ of mandamus directing respondents No. 1 and 2 to issue the passport. The petitioner claims to be a businessman. He applied for obtaining a passport in June, 2001. Column No. 16 of the application provides as follows :-

(2.) RESPONDENT No. 2 made enquiry through the Police Department and ultimately, the petitioner received a letter dated 18.10.2001 in which it was stated that it had been reported that a criminal case is pending against the petitioner. He was directed to explain as to why he suppressed the information in the passport application. The petitioner sent a reply by letter dated 27.11.2001. He stated that the information against column No. 16 had been faithfully supplied. The petitioner stated that no criminal proceedings were pending against him. He further stated that he had been falsely implicated in two cases vide F.I.R. No. 136 dated 30.3.1987, Police Station, Yamuna Nagar and in case F.I.R. No. 229 dated 5.6.1987, registered at Police Station, Yamuna Nagar. In both the cases, the petitioner had been acquitted. The judgments have been attached as Annexures P.3 and P.4. In case F.I.R. No. 136 dated 30.3.1987, the petitioner was tried under Sections 397, 398 of the Indian Penal Code Section 25 of the Arms Act read with Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. The petitioner was acquitted on 20.2.1991. Again in case F.I.R. No. 229 dated 5.6.1987, the petitioner was tried under Sections 392 and 397 IPC read with Section 34 IPC, Sections 34 and 27 of the Arms Act read with Section 5 of the Terrorist and Disruptive Activities (Prevention) Act, 1987. Herein, the petitioner was acquitted on 20.2.1991. In spite of having been acquitted, the name of the petitioner seems to have continued on the wanted terrorists list maintained by the Police.

(3.) WE have considered the submissions made by the learned counsel for the parties.