2023 Supreme(P&H) 1835

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jagmohan Bansal, J.
Swaran Singh – Appellant
Versus
Union of India & Ors. – Respondents
CWP No. 7307 of 2023
Decided On : 07-07-2023

Headnote:(A) Constitution of India - Articles 226 and 227 - Passport Act - Applications for passport and implications of criminal history - The petitioner sought a passport following the acquittal from FIR No.67 and reduced sentence for FIR No.59 under the NDPS Act. No criminal case was pending against the petitioner, falling outside the restrictions of the Passport Act - Court directed Passport Authority to issue a decision based on established facts. (Paras 2-4)

(B) Legal Provisions - The government is obliged to act upon the principles of natural justice in considering an application that has been duly submitted by individuals with a cleared criminal background. (Par. 3)

Facts of the case:
The petitioner applied for a passport but faced scrutiny due to past FIRs related to the NDPS Act. The petitioner was acquitted of charges and had no pending criminal cases, meeting the criteria for passport issuance.

Findings of Court:
The Court found that the respondent should issue a speaking order regarding the passport application based on the petitioner's cleared status.

Issues: The core issues were the eligibility of the petitioner for a passport considering past criminal records and the response of the Passport Authority based on the petitioner's circumstances.

Ratio Decidendi: The court held that the petitioner was entitled to a passport in light of the absence of pending criminal cases and past acquittals, reaffirming that individuals without active legal restrictions should be allowed to obtain travel documents.

Result: Petition disposed of with directions for the Passport Authority.