SANJAY DIXIT Vs. PRAHLAD GURJAR

JUDGEMENT

(1.) These intra Court appeals have been filed assailing the order passed by the Single Bench passed in S.B. Civil Writ Petition No. 11394/09 on January, 13, 2010. Petitioner Prahlad Gurjar preferred writ petition praying for directions against respondent Nos. 1 to 3 to prosecute Ranjeet Singh under section 12 (1) and Sanjay Dixit under section 12 (2) of the Passport Act, 1967 (hereinafter referred to the Act of 1967) or the petitioner may be permitted to prosecute the aforesaid persons under section 15 of the Act of 1967. Alternative prayer was made that if permission of Chief Secretary of the State is necessary. it be obtained with respect to Sanjay Dixit and Chief Secretary be directed to grant such permission to respondent Nos. 1 to 3.

(2.) It was alleged that Ranjeet Singh applied for urgent passport to go abroad. He had obtained the verification certificate from Sanjay Dixit, IAS, the then Secretary of Department of Horticulture, State of Rajasthan. It was stated in that certificate that Ranjeet Singh bears a good moral character and reputation and recommendation was made to issue him passport. The certificate was given in format attached to the Passport Rules. 1980, on the basis of which passport could have been is-sued without police verification. On the basis of said certificate alone, respondent No. 3 issued passport to Ranjeet Singh on 5.7.2007. The pass-port was obtained on the basis of false declaration and by suppressing material facts and Ranjeet Singh tried to leave India so as to avoid many serious criminal cases pending against him. He was then arrested at the Indira Gandhi International Airport, New Delhi and taken into custody as there were several criminal cases pending against him and in other cases he had been convicted. Various criminal cases were referred in the writ-application. It was further submitted that petitioner approached the Ministry of External Affairs to take action against Ranjeet Singh and Sanjay Dixit, however, no action was taken. For obtaining the prosecution of the said persons, hence he filed the writ-application. After obtaining information under Right to Information Act, petitioner submitted that respondents have failed to Initiate the prosecution against such persons. Serious allegations were made against Ranjeet Singh and Sanjay Dixit.

(3.) The respondent Nos. 1 to 3 contested the writ application. It was it was necessary to implead Sanjay Dixit as party. The respondents initiated action, as such, the writ application was not maintainable.