SOTHE KHAN @ SODHE KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a resident of Rojaniyon Ki Basti, Sam, District Jaisalmer (Raj.) submitted an application for the grant of passport. The competent authority i.e. the Regional Passport Authority did not acted upon the application submitted by the petitioner, therefore, this petition for writ is preferred seeking a direction for the respondents to issue passport as applied. Separate replies are filed on behalf of respondents i.e. Superintendent of Police, Jaisalmer and the Superintendent, Regional Passport Authority, Jaipur. As per the reply filed on behalf of Superintendent, Regional Passport Authority, Jaipur passport was not issued to the petitioner on the basis of the report given by the office of respondent no. 3 relating to the conduct of petitioner. In the report aforesaid, the office of the respondent no. 3 found the petitioner involved in anti -national activities.

(2.) LOOKING to the replies filed on behalf of respondents, this Court vide order dt. 9.4.2013 directed the respondent Superintendent of Police, Jaisalmer to make available the record on basis of which conduct of the petitioner was treated against national interest. On 18.7.2013 learned counsel for the respondent no. 3 sought time to file an additional affidavit. An additional affidavit then was filed on 19.7.2013. As per the averments contained in the additional affidavit sworn in by Shri Shayar Singh, Deputy Superintendent of Police (CO), Jaisalmer the conduct of the petitioner now is not against the national interest. The Addl. SP, CID (Border Intelligence), Jaisalmer after examining conduct of petitioner in last several years arrived at the conclusion that the petitioner was not involved in any anti -national activity. On basis of the finding arrived by the District Police Authorities and also by the CID (Border Intelligence), Jaisalmer, the Superintendent of Police CID (Security), Jaipur vide his letter dt. 19.7.2013 communicated to the Officer Incharge & Deputy SP, Circle, Jaisalmer that if any steps are taken for issuing passport to the petitioner, then the police is having no objection. In view of the recommendation made by the SP, CID (Security), Jaipur I deem it appropriate to dispose of this petition for writ by directing the Regional Passport Authority, Jaipur to consider the application of the petitioner for grant of passport afresh by taking into consideration the material made available by the Rajasthan Police. Such consideration is required to be made on or before 01.9.2013.