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JASGURPREET SINGH PURI
Lakhwinder Singh @ Lakhi – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for passport release due to impound. (Para 1) |
| 2. petitioner's arguments against passport impounding. (Para 2 , 3) |
| 3. overview of proceedings and record examination. (Para 4 , 5) |
| 4. violation of natural justice in passport impound. (Para 6 , 7) |
| 5. rejection of alternative remedies argument. (Para 8 , 9) |
| 6. court grants petition; passport to be returned. (Para 10) |
| 7. costs awarded; accountability measures for passport authorities. (Para 11 , 12) |
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Articles 226/227 of the Constitution of India seeking a writ in the nature of mandamus for issuance of directions to the respondents to release the passport No. P5098135 dated 05.02.2017 to the petitioner as impounded vide seizure memo dated 12.12.2018.
2. Learned counsel for the petitioner submitted that it is a case where the petitioner was having a valid passport and on the basis of the aforesaid passport, he was to go to Germany since a child was born to him and his wife was in Germany and he had gone there. On 12.12.2018 he had gone to board a flight and when he was at Indira Gandhi International Airport, New Delhi his passport was co
The court established that the impounding of a passport requires adherence to principles of natural justice and that mere pendency of a criminal case does not automatically justify such action.
The main legal point established in the judgment is that fair opportunity of being heard must be given following the order impounding the passport to satisfy the mandate of natural justice. Additiona....
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