Amarjit Singh vs Union of India and another

Denial of passport to the petitioner -- Amarjit Singh on the ground that his antecedents were not good cannot indeed be sustained.

A reference to the record shows that the petitioner, who had applied for passport was denied it on the ground that as per the report of the Senior Superintendent of Police, Sangrur, his antecedents disentitled him to it. This report of the Senior Superintendent of Police, Sangrur, which has now been placed on record, shows that though there were us many as seven criminal cases registered against the petitioner, the only case in which a conviction was recorded against him, was one under S. 457 read with S.380 of the Indian Penal Code, pertaining to the year 1971. He was sentenced to four months'' rigorous imprisonment there under. All the other cases registered against him, thereafter, were either withdrawn, filed as untraced, or those where he was acquitted. The last case registered against him being of the year 1984. Further, the report said that the petitioner had been a Naxalite Activist. No material has, however, been placed before us to show the basis for such opinion.

Such being the circumstances, we cannot, but hold that no justification exists for refusing a passport to the petitioner on the ground of his antecedents.

Let a copy of the report of the Senior Superintendent of Police, Sangrur be forwarded to the Regional Passport Officer, who, in turn is hereby directed to grant to the petitioner the passport applied for within three months from today.

This writ petition is accordingly accepted with costs. Counsel fee Rs. 500/-.

Petition allowed.