HUMAYOUN YOUSUF JAN Vs. STATE OF J&K

JUDGEMENT

(1.) This petition under article 226 of the Constitution of India read with Section 103 of the Jammu & Kashmir Constitution has been filed by one Humayoun Yousuf Jan seeking a writ of mandamus directing the respondents to consider the case of the petitioner for issuance of the passport and further direct the respondents to issue the passport in favour of the petitioner which is pending before the respondent-department.

(2.) The petitioner states that he is reputed business man of Kashmir and is running of a bakery under the name and style of Jan Bakers situated at Dalgate Srinagar. The petitioner who is running that shop from last more than 15 years and due to his tremendous reputation and honesty in the said business, the petitioner was nominated as Central Executive member of All Kashmir Bakers and Confectionery Association which is a registered association before the Government of J&K. The father of the petitioner was a veteran politician who served community as a (sic) permanent councilor as well. During turmoil in the valley thousands of innocent persons were arrested and false and fabricated cases where registered against them. The petitioner also became the victim of this practice of the State/Security Agency and was apprehended in the month of Sept 1997, and a case under FIR No. 130/97 u/s 7/25 A. Act was registered in Police Station Khanyar. The said charge sheet was presented before the Court of District and Sessions Judge, Srinagar and the same was transferred to the court of 1st Additional Session Judge, Srinagar. The petitioners succeeded to prove his innocence before the Hon'ble Court. The petitioner was already in possession of a passport issued by the respondent authority on 21.12.1992 which expired on 20.12.2002. The petitioner being the permanent resident of J&K State and a citizen of India applied for fresh passport after complying all the legal statutory requirements before the regional passport officer Srinagar on 17th of November, 2005. The petitioner was given the receipt which bears File No. B0012308 and bearing Key No. 66001220805. The case of the petitioner has been processed for the verification of the antecedents Character to the Field Agency but no passport has been issued in favour of the petitioner. The petitioner is not involved in any act which can become the base for denying the rights guaranteed under constitution of India and Statute of Passport Act. That the respondent department has failed to issue passport in favour of the petitioner resultantly the right guaranteed to the petitioner have been violated despite the fact the petitioner is not involved in any criminal activity or subversive activities Act. The action/omission of the respondents department is illegal unjustified and violate the provisions of constitution.

(3.) Respondent Union of India has in their reply stated that the petitioner has submitted passport application form in Passport Office, Srinagar under File No. B001208/05. The personal particulars form of the same was forwarded to the office of Additional DG CID for verification of character and antecedents of the petitioner. The respondents have further stated that State CID/Police which is the Nodal Agency to clear the Passport case of J&K has not favoured the case of the petitioner for Passport facilities vide letter No. CID/NR/07/ 1266 dated 13.08.2007. In view of this fact the respondents are unable to issue the passport in favour of the petitioner.