Gulzar Singh v. Union Of India And ORS

 

  
      




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Supreme Court Maneka Gandhi versus Union of India 1978 (1) SCC 248 . She submitted that for a large number of years the petitioner had been going from pillar to post for seeking the passport and the same has not been given to him despite the fact that there was no bar or any embargo against him.


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learned counsel appearing on behalf of the respondents-passport authorities submitted that in the absence of police clearance the passport could not be issued to the petitioner and now the file pertaining to the application filed by the petitioner for the grant of passport has since been closed in the year 2019. She submitted that in case there is no criminal proceedings pending against the petitioner then in case the petitioner files any fresh application for grant of passport, then the same shall be considered and finalized within a period of one month. I have heard the learned counsels for the parties. The petitioner had filed an application for grant of passport but the file was closed by the passport authorities because the police did not give

& clearance report. A perusal of the reply filed by the police would show that a very strange stand has been taken by the Deputy Superintendent of Police that although the petitioner has been exonerated and kept in column No. 2 and no challan has been presented against him but there was an apprehension of future application under Section 319 of the Code of Criminal Procedure. Such an attitude of the State particularly when the issue pertains to grant of passport is deprecated by this Court. The police cannot travel beyond the provisions of law and therefore the stand taken by the police was totally illegal. Be that as it may, now as per learned counsel for the passport authorities, the file of the petitioner for grant of passport had already been closed and in case he files a fresh application as per learned counsel for the passport authorities, then the same shall be considered within a period of one month.

In view of the above, the present petition is disposed of, with the following directions:- 1) The petitioner shall be at liberty to file a fresh application for grant of passport.

2) In the event when the petitioner files a fresh application for grant of passport, then the passport authorities shall seek fresh police verification. The State of Punjab and especially the police department is directed to provide the police verification to the passport authorities within a period of one week from the receipt of requisition from the passport authorities for police verification and the police verification shall be considered strictly in accordance with law.

 3) Thereafter, the passport authorities shall consider the fresh application of the petitioner strictly in accordance with law and will finalize the same within a period of two weeks thereafter. The entire process shall be completed within a period of one month from the date of application filed by the petitioner for grant of passport.

In view of the aforesaid directions, the present petition stands disposed of accordingly.




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