RANJIT BAJAJ Vs. REGIONAL PASSPOART AUTHORITY CHANDIGARH

JUDGEMENT

(1.) Ranjit Bajaj petitioner raises a challenge to the vires of Section 6(2)(f) of The Passports Act, 1967, hereinafter referred to as the Act, on the ground that the same are ultra vires to the constitutional provisions being discriminatory, arbitrary and amouriting to unreasonable restriction on the right of the petitioner to travel. Further the petitioner prays for issuance of a writ of mandamus directing the respondents to renew the passport of the petitioner or in alternative issue a fresh passport to him in accordance with law. In order to examine the merits or otherwise of these contentions, reference to basic facts would be necessary.

(2.) On 5-4-1990 the Regional Passport Authority. Chandigarh issued a passport to the petitioner. On the basis of this passport, the petitioner went abroad on number of occasions and took part in sports events. The petitioner claims that he is an up-coming sportsman having represented India in Under-19 Asian Schools Football Tournament held in Kuala Lampur (Malaysia). The petitioner alleges that during the period 1996-2001 he was attacked by certain persons and criminal cases were inflicted upon him. The details of the criminal cases, as stated In the petition, are as under :

(3.) The validity of the passport issued to the petitioner expired on 4-4-2000. For the purposes of getting the said passport renewed nd a fresh passport issued, the petitioner visited the Regional Passport Office. It is the case of the petitioner that upon such enquiry, the petitioner was orally informed that his passport can neither be renewed nor any fresh passport would be issued to him unless there was a specific Court order. The petitioner wanted to participate in a Cricket Match as a Captain of the Minerva Academy, Delhi that had received invitation to participate in the 20th RBSC International Cricket Tournament to be held at Bangkok (Thailand) with effect from 30-3-2004 to 4-4-2004. The Regional Passport Office neither renewed the passport of the petitioner nor issued fresh passport to him. Thus, the petitioner has approached this Court by filing the present petition under Article 226/ 227 of the Constitution of India.