ANWAR UL HAQ Vs. UNION OF INDIA

JUDGEMENT

(1.) CAN consideration for granting of a passport be withheld on account of cid clearance? is the common question involved in these writ petitions.

(2.) THE writ petitioners in these petitions have applied for issuance of passports, but neither the same have been issued nor the issuance has been declined by the Passport authority. The stand of the respondents is that on receipt of the applications for issuance/ renewal of passports the cases were sent for clearance by the CID and either the same has not been received back or received with the inconclusive report or received with the recommendation that the same should not be issued, therefore, no decision in the matter has yet been taken by the authority. It is not in dispute that till today a period of more than a year has elapsed from the date of receipt of the applications.

(3.) MR. Magoo, learned Add1. Solicitor general contends that though the requirement of Police verification of applicants for issuance of passports in the all States of the country except few States including the State of Jammu and Kashmir has been dispensed with, but same is still necessary for the applicants of the State in terms of Circular dated 11-9-2006 issued by the Ministry of external Affairs and therefore, in the cases it has not been received or received with adverse recommendation from the CID the passports have not been issued.