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TMI Blog2004 (7) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners and they were informed that ft had been reported on the enquiry slip that police report from the Senior Superintendent of Police; Patiala, was incorrect Petitioners claim that they have never done any criminal act and they do not have any history of direct or indirect involvement of any crime. The respondents have no reason, whatsoever, to deny this relief to the petitioners. Mr. Gurbachan Singh is stated to be avoiding trial in State of Punjab and is wanted by the police and that Is the basic reason why the Stale functionaries including the police are not quite inclined to issue the demanded passport to the petitioners. The petitioners while relying upon the judgment of the Hon'ble Supreme Court in the case of Maneka Gandhi v. Union of India, AIR 1978 SC 597, as well as judgment of a Division Bench of this Court in the case of Kamaljit Kaur v. Union of India CWP No. 4226 of 2001, decided on 9-10-2001 con-' tended that they are really entitled to get the passports and the travel documents for travelling abroad in accordance with the provisions of the Passports Act, hereinafter referred to as the Act. 2. This petition was contested by the respondents. Two diffe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in anti-national activities. Gurbachan Singh is further stated to be a proclaimed offender. 4. As the written statement, particularly on behalf the police authorities, was vague and indefinite, the Court on 26-4-2004 passed the following order :-- Two officers Mr. Shiv Kumar, Senior Superintendent of Police, Fatehgarh Sahib and Mr. A. S. Ral, Senior Superintendent of Police. Patiala, are present in Court. They regret that proper affidavit had not been filed in this case and they assured the Court a record based affidavit complete in all respects would be filed within one week from today with an advance copy to the learned counsel for the petitioners, who may, if so desires, file counter-affidavit to the same within three days thereafter. List this matter for hearing on 11-5-2004. We make it cleat that the relevant record should be produced in Court on that date. The officers have also informed the Court that they are in the process of finalising the guidelines/instructions which should be followed by various districts in relation to personal particular verification by the police in response to the queries raised by the passport office. 5. After passing of the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... athnam. Assistant Passport Officer. New Delhi. AIR 1967 SC 1836 the Supreme Court expanded the scope of freedom to travel and equated the same to a fundamental right and a constitutional protection available, to the citizens of this country. This expansion of right of freedom has been reiterated with approval in various subsequent judgments. The Supreme Court also emphasised that every executive action which is or which may or is likely to operate prejudicial to the Interests of any person must be supported by legislative authority. In the case of Smt. Maneka Gandhi v. Union of India. AIR 1978 SC 597 the Court held that a person cannot be deprived of his right to go abroad. There was a specific law enacted by the State in that regard. This being the settled law, obvious result is that the competent authority must have material to substantiate this objection on the basis of the record maintained by it in support of the objection for Issuance of the passport. Further more, the Parliament having enacted a law specifying the grounds on the basis of which the authorities have wide power for refusing to issue a passport or travel document of the one hand and even right has been given to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedom available to the petitioner to travel abroad and the nature and grievousness of the crime committed by him. The development of law, which is its basic and essential feature, has given wide magnitude to the expression of freedom. Enlargement of the concept of-freedom by judicial pronouncement has an inbuilt effect of requiring the authorities to examine the matter with a greater caution and care rather than mechanically reject request for issuance of passport. To illustrate this view we may refer to a case where a person may be involved in a minor offence of traffic regulations and claims to be tried In the Court rather than paying fine at the spot, A case against him being registered under Section 11 read with. Section 183 of the Motor Vehicles Act, 1988 and even Section 323 of the Indian Penal Code simpliciter and challan presented in Court, should such person be denied issuance of a passport merely because there is a case pending against him in the criminal Court, will be a matter of serious concern for the passport authorities. In such cases. It will be expected of the passport authorities to consider the application for renewal/issuance of a passport objectively and in co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section indicates the gravity of the involvement or likely involvement of an applicant in activities which would be prejudicial to the sovereignty and integrity of the country. These provisions, thus, must receive a strict construction as their consequences in law are not only serious but have the effect of taking away freedom granted to the petitioners in law. Before It could be stated that a person is Involved in activities which are prejudicial to the sovereignty of the country, there must be some reasonable and cogent material in possession of the respondents to show involvement of the petitioners in such activities. The expression, likely to cannot be treated so lightly as to include every activity and relationship to be prejudicial to the sovereignty of the State. 10. Likelihood may take in its scope the apprehension which essentially must be record based or founded on a reasonable cause, of course, may not be directly substantiated by written documentation. Surveillance, maintenance of appropriate registers under the Police Rules, entry of the name of the person therein and at least some reasonable analytical examination by the concerned quarters in the Union of India w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting agency or force that during their long stay in India, the petitioners are even suspected in some extremists activities or have links with the persons abroad. It is also not disputed that there is no record to show that these petitioners have carried out any activities which are, in any way, prejudicial to the sovereignty of the country. 14. Learned counsel for the petitioners relied upon another Division Bench of this Court in the case of Kamaljit Kaur (supra) where In somewhat similar circumstances the Court held that the Senior Superintendent of Police in that case had sent his report to the Regional Passport Officer on conjectures and there was no material with the police against the petitioners to recommend the passport to be issued to them. We are cautious of the fact that while exercising its powers under Article 226 of the Constitution of India this Court does not examine the material collected by the respondent authorities while exercising such a power under the provisions of the Act as a Court of appeal, but there has to be some definite material with the respondents which should leave to a person of common prudence to come to that conclusion while appreciating the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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