Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 10 (RAJ)

Mohan Lal Khakhal v. The Secretary, Ministry of External Affairs, New Delhi

2012-01-02

ALOK SHARMA

body2012
JUDGMENT 1. - The present petition has been filed with a grievance that even though the petitioner applied for a passport at the office of Passport Officer, Rajasthan, Jaipur in the year 2007, no passport has yet been issued to him. According to the petitioner, he fulfilled all the requirements for getting a passport and was allotted a passport file No. A.O. 657060/2007. According to the petitioner, vide judgment dated 24.09.2002, in Sessions Case No. 14/2001, he had been found guilty of offences under Sections 302/149, 148, 452, 201 and 323 IPC by the Additional Sessions Judge (Fast Track), Sikar and sentenced for life imprisonment. However, the said order dated 24.09.2002 was set aside by this High Court in DBCWP No. 1314/2002 under its order dated 03.02.2007 and the petitioner was acquitted of all the charges. The petitioner submitted that apart from the aforesaid adverse material which has since been rectified in appeal, there is nothing adverse against the petitioner and no criminal case is pending against him. It has been submitted on behalf of the petitioner that he was not even informed about the status of his application. Consequently a legal notice was sent at the petitioner's instance by his counsel to the Passport Officer on 18.09.2009 through registered post, but to no avail. 2. Mr. V.S. Gurjar appearing for the Passport Officer submits that even though the petitioner had indeed applied for a passport, in the course of Police inquiry it transpired that the petitioner was working with the State of Rajasthan in the Education Department while in his application for passport, the petitioner has shown his profession to be business. According to the counsel, this discrepancy with regard to the petitioner's employment is an issue which has to be resolved. It is submitted that in this regard a letter dated 20.07.2009 was sent to the petitioner by the Office of the Passport Officer requiring the petitioner to clarify as to why in his application for passport he suppressed the fact of his being employed with the Government of Rajasthan in the Education Department and the petitioner has been required to furnish a NOC from his employer as required by the governing rules. 3. Counsel for the petitioner has denied that any false information was given by the petitioner in the application for passport. 3. Counsel for the petitioner has denied that any false information was given by the petitioner in the application for passport. He submits that at the time of applying for the passport, the petitioner was not employed, but was doing his own business. 4. I have heard the counsel for the petitioner as also the respondents and perused the writ petition and also the documents relied upon by the counsel for the respondents at the time of hearing of this petition. 5. A passport is a document for travel abroad and the petitioner has the fundamental right to travel to a destination of his choice. It is trite that passport cannot be denied to a citizen without just cause. Be that as it may, yet the applicant for the Passport has to satisfy the requirements of law. 6. In the instant case, a discrepancy appears to have occurred between the information given by the petitioner in his application for passport wherein he has shown his employment as business and the Police report procured by the Passport Department as the pre-condition to the issue of passport which shows the petitioner as having been employed with the Government of Rajasthan in the Education Department. The letter dated 20.07.2009 addressed by the Office of the Passport Officer to the petitioner, according to the counsel for the petitioner has not yet been addressed. 7. Counsel for the respondents submits that no sooner the requisite clarification as indicated in the letter dated 20.07.2009 is provided, the petitioner's application for passport will be processed. 8. In view of the aforesaid facts, I am of the view that the writ petition can be disposed of in the following terms : 9. The petitioner should comply with the requirements of the Passport Officer under his letter dated 20.07.2009 and satisfy him with regard to the truthfulness of the information submitted in the application for passport. If need be, an affidavit with regard to the petitioner employment /profession/business at the time of application for passport being made should be filed. It is directed that soon after the petitioner furnishes an affidavit in response to the letter dated 20.07.2009 issued by the Office of the Passport Officer to the petitioner, the application of the petitioner for issue of a passport will be processed within four weeks and taken to its logical conclusion. 10. It is directed that soon after the petitioner furnishes an affidavit in response to the letter dated 20.07.2009 issued by the Office of the Passport Officer to the petitioner, the application of the petitioner for issue of a passport will be processed within four weeks and taken to its logical conclusion. 10. The writ petition stands disposed of accordingly.Petition Disposed of. *******