SANDEEP KUMAR Vs. UNIION OF INDIA

JUDGEMENT

(1.) BY filing the present petition under Articles 226/227 of the Constitution of India, the petitioner is praying for quashing of the order dated 18-4-2007 passed by Passport Officer, Jalandhar declining the request of the petitioner for the issuance of a passport for a period of five years on the ground that he had sought political asylum in Germany, which was refused.

(2.) THE case of the petitioner is that he was earlier issued a passport, which was valid upto 6-11-2010 on which he travelled to Germany in the year 2002. During his stay in the said country, he lost his passport and came back to India on Emergency certificate dated 23-5-2006. After coming to india, he again applied for another passport on 28-7-2006 and deposited a sum of Rs. 2. 500/- with the Passport Office, Jalandhar. His application for the issuance of passport was complete in all respects. In spite of the same, he was not issued the passport and instead vide impugned order dated 18-4-2007 (P. 2), he has been denied the facility of passport on the ground that he had sought political asylum in Germany.

(3.) REPLY was filed by respondent No. 2, wherein it was stated that the petitioner travelled to Morocco on tourist visa from where he entered Germany illegally. He then applied to the authorities in Germany for political asylum. On 23-5-2006, he reported the loss of passport and travelled back to india on Emergency Certificate issued on the said date by Consulate General of India, frankfurt. Though on 28-7-2006, he again applied for the passport facility yet on 22-9-2006, he furnished an affidavit stating therein that while in Germany he had sought political asylum. Under these circumstances, the case of the petitioner was referred to the Ministry of External Affairs, which vide letter dated 22-3-2007 directed to place the name of the petitioner on Prior approval Category for five years from the date of deportation and for the said reason, the passport has not been issued to the petitioner. Respondent No. 2 has also placed on record the copy of the affidavit (R2/1)submitted by the petitioner regarding his applying for political asylum and also the letter dated 22-3-2007 (R2/2) issued by the ministry of External Affairs, New Delhi.