PRAHALAD GURJAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition with the prayer that an appropriate writ, order or directions be issued to non- petitioners No. 1 to 3 to either immediately prosecute Shri Ranjeet Singh under Section 12(1) and Shri Sanjay Dixit under Section 12(2) of the Passports Act, 1967 or the petitioner may be permitted, under Section 15 of the Act of 1967, to prosecute the above two persons for the offences committed by them. Alternatively, it is prayed that if the permission of the Chief Secretary of the State (respondent No.4), before prosecuting Shri Sanjay Dixit under Section 12(2)of the Passport Act is considered necessary, then he be directed to grant such permission to non-petitioners No.l to 3 or to the petitioner.

(2.) One Shri Ranjeet Singh son of Shri Narayan Singh claiming to be resident of Plot No.85,Sonabari, Gopalpura Byepass,Jaipur had applied for an urgent passport to go abroad. He had obtained a verification certificate from Shri Sanjay Dixit, IAS, the then Secretary of Department of Horticulture, State of Rajasthan. The said certificate, after certifying the personal particulars of Ranjeet Singh, had stated that Shri Ranjeet Singh bears a good moral character and reputations. Further, it states that the certificate is being issued after reading the provisions of Section 6(2) of the Passport Act, 1967. He further certified that the provisions under Section 6(2) of the Passport Act are not attracted in case of the applicant. He had recommended for issuance of Indian Passport to the applicant. It was also stated that the applicant has been staying at his address continuously for the last one year. The certificate was given in format (Annexure-G)attached to the Passport Rules, 1980. Such certificate is required for the purpose of issuance of passport, without police verification. On the basis of the said certificate alone, non-petitioner No.3 had issued passport, bearing No. A-046575/2007, to Shri Ranjeet Singh on 5.7.2007.

(3.) The said passport was obtained on the basis of a false declaration and by suppressing material facts. The person who had obtained the passport on the basis of a false declaration by suppressing material facts, tried to leave India so as to avoid many serious criminal cases pending against him and the warrants issued by the Courts. He was then arrested at the Indira Gandhi International Airport, New Delhi and taken into custody because a letter had been issued by the Superintendent of Police, Jaipur City (South), Jaipur to Immigration Officer, Airport, Jaipur (Annexure-3) enclosing the personal particulars about the applicant Ranjeet Singh against whom various criminal cases were pending and in other cases conviction had been awarded. It is relevant to note here that the criminal record of Shri Ranjeet Singh which had been sent by the Superintendent of Police alongwith letter dated 25.10.2007 to the Immigration Officer reads as follows:- <IMG>JUDGEMENT_2125_RAJLW3_2010Image1.jpg</IMG> <IMG>JUDGEMENT_2125_RAJLW3_2010Image2.jpg</IMG> <IMG>JUDGEMENT_2125_RAJLW3_2010Image3.jpg</IMG>