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JASGURPREET SINGH PURI
Wassan Singh – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for passport issuance quash (Para 1 , 2 , 3) |
| 2. arguments against non-issuance of passport (Para 4 , 5 , 6 , 7 , 8) |
| 3. court observations on pending firs (Para 9 , 10 , 11 , 13) |
| 4. legal reasoning against the impugned order (Para 12 , 14 , 16) |
| 5. conclusion: petition partly allowed (Para 15 , 17) |
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of Certiorari for quashing of the impugned order dated 31.01.2018 (Annexure P-3) passed by the Regional Passport Authority, Jalandhar whereby passport has been declined to the petitioner by respondent No.2 on the basis of adverse report of the police authorities.
2. The brief facts of the present case are that the petitioner had applied for issuance of passport to the concerned Passport Authority but in the year 2012, he was informed by the Superintendent, Passport Office, Amritsar vide Annexure P-1 dated 11.10.2012 that his passport application dated 27.12.2010 was received with adverse PVR from Senior Superintendent of Police, Gurdaspur and then his case was
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
The importance of coming to the court with clean hands and disclosing true and complete facts.
The right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The main legal point established is that the requirement for an NOC from the Court, based solely on an adverse police report and registration of an FIR without pending criminal proceedings before a c....
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