HARJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred this writ petition with a prayer for quashing of letter/order dated 14th August, 2006 whereby it was communicated to him by the Passport Officer, Jalandhar that a decision had been taken not to issue passport to him for a period of five years from the date of receipt of letter by him. The petitioner has impugned the said decision and has also sought a writ of mandamus for a direction to the respondents to issue a passport to him.

(2.) THE petitioner has stated that he was issued a passport bearing No. R680357 on 23rd December, 1993. Thereafter, the petitioner went to Berlin in Germany and sought a political asylum there. However, the german Government refused political asylum to the petitioner. As a result, he had to travel back on emergency certificate dated 14th november, 2005 and he arrived at New Delhi on 3rd February, 2006. According to the petitioner, he applied for issuance of a duplicate passport on 22nd February, 2006 as he had lost his earlier passport. This request was, however, declined on 14th August, 2006.

(3.) IN reply, the respondents have stated that the petitioner had applied for political asylum in Germany which was declined. According to the stand taken by the respondents in their reply, no foreign country easily grants political asylum to a foreign national, particularly a national of India. By seeking political asylum, the petitioner had tried to obtain refugee status in another country for personal gains. This, according to the respondents, attracts substantial adverse publicity against India. Since the petitioner had already expressed his displeasure/annoyance against the Indian Administration, to a foreign country, he cannot now claim that he owes allegiance to the sovereignty, unity and integrity of India. It is due to this reason that it was decided not to issue passport to the petitioner and he was placed on PAC (Prior Approval Category) for five years. The respondents have further placed reliance on Section 6 (1) (a) of the passports Act, 1967 to contend that the petitioner had been rightly declined issuance of a passport and that the Government was within its power to impose reasonable restriction on right to travel abroad as vested in it by legislation i. e. The Passports Act, 1967 (hereinafter referred to as 'the Act' ).