LAWS(P&H)-2008-1-261

GAGANDEEP SINGH Vs. UNION OF INDIA

Decided On January 25, 2008
GAGANDEEP SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present controversy relates to the action of the respondents in denying a passport to petitioner No.1 Gagadeep Singh the minor adopted son of petitioner No.2 Manjit Kaur. When the issue pertaining to the controversy came to be canvassed before this Court in the first instance, learned counsel for the petitioner had placed emphatic reliance on a decision rendered by the Full Bench of this Court in Pawan Deep Singh v. Union of India and another AIR 2004 (Punjab) 106. In Pawan Deep Singh's case (supra), the petitioner who was an applicant for a passport, had been adopted by his uncle living in Italy. Pawan Deep Singh's application for the grant of a passport was turned down because his adoption by his uncle living in Italy was considered to be invalid. The controversy raised in the present case is substantially similar to the one raised in Pawan Deep Singh's case. Gagandeep Singh, Petitioner No.1 in the present case, has been adopted by his aunt ( sister of the natural mother of petitioner No.1.) Manjit Kaur, petitioner No.2. Gagandeep Singh has also been denied a passport on the ground that his adoption by his aunt Manjit Kaur is not being considered valid.

(2.) While adjudicating upon the controversy referred to in the foregoing paragraph, a Full Bench of this Court in Pawan Deep Singh's case (supra) had the occasion to examine Section 6 of the Passports Act, 1967 (hereinafter referred to as "the Passports Act"). It was thereupon concluded, that the Passport Authorities could refuse to issue a passport to an applicant, on any one or more of the nine grounds expressed in Section 6 (2) of the Passports Act, and on no other ground. While dealing with the same contention advanced by the learned counsel for the petitioner (in the present case) for the same relief as had been granted to the petitioner in Pawan Deep Singh's case (supra), this Court passed the following order on 9.5.2007:

(3.) The order passed by the Division Bench on 9.5.2007, resulted in the constitution of the present Full Bench.