ASHAQ HUSSAIN SHEIKH Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) It is contended that the Petitioner was granted passport by Respondent No. 2 on 23.3.1998, which expired on 22.3.2008 (annexure 'A'). The Petitioner visited Singapore, Saudi Arabia, Malaysia, Hong kong and China, which is disclosed by the entries made in the passport. After expiry of the validity period, he applied for grant of fresh passport, came to be entertained along with bank draft of Rs. 1000/- against proper receipt (annexure 'B'). Thereafter the Respondents neither issued the passport nor informed the Petitioner the reasons for its non-issuance, constrained him to lay motion on 22.4.2009 before Respondent No. 2 with a request to issue the passport at the earliest. The Respondents did nothing, constrained the Petitioner to file OWP No. 442/2009, came to be disposed of vide judgment and order dated 15.5.2009 directing the Respondents to consider the case of Petitioner. Respondent No. 2 vide letter dated 15.6.2009 (annexure 'E') informed the Petitioner that his case could not be considered due to the adverse report from State CID/Police Department. The Petitioner questioned the said communication by the medium of OWP No. 654/2009, came to be disposed of vide judgment and order dated 15.10.2009 directing the Respondent-State to submit complete investigation report to Passport Officer-Respondent No. 2 within ten days and thereafter Passport Officer came to be directed to pass appropriate orders in terms of the mandate of Passport Act. Respondents failed to comply with the court directions, constrained the Petitioner to file contempt petition No. 409/2009. Respondents filed statement of facts stating that the case of Petitioner was sent for re-verification to State authorities and the State authorities have submitted the report and have categorically stated that Petitioner was a Pakistan trained militant and arrested in FIR No. 01/1991. The CID Department has not cleared the case of Petitioner, therefore, his case came to be closed vide order dated 13.11.2009. Respondent No. 2 also issued an order dated 14.12.2009 refusing to grant passport in favour of Petitioner. Feeling aggrieved the Petitioner has questioned the said orders on the grounds taken in the writ petition in hand.

(2.) Respondents have filed reply. The Petitioner has also filed the rejoinder.

(3.) In the rejoinder it is stated that the Petitioner was never arrested in FIR No. 01/1991 nor any case was ever registered against him or pending in any court of law. No doubt he was arrested by the police and detained under the Public Safety Act, came to be quashed by this Court on 5.8.1992 and was released in terms of the said order. Further it is averred that the Respondents issued the passport in his favour on 23.3.1998 much after 1991 and has visited so many countries and nothing adverse is alleged against him right from 1998 till today. It is averred that he never misused the passport right from 23.3.1998 till 22.3.2008. Petitioner has also annexed copies of report dated 19.5.2008 and 27.5.2008 made by Sr. Superintendent of Police, Srinagar to Inspector General of Police (CID) (annexure 'R' & 'R1'), which indicate that the Petitioner was not associated with any militant organization and nothing adverse is found against him in the police records. Further Petitioner is running a business which is flourishing one and he is an income tax payee. He has annexed annexure 'R2' and 'R3' in order to show his bonafides and the fact that he is in the business. The Respondents have also not denied the reports of SSP, Srinagar.