Court Orders Issuance of Passport to Acquitted Individual Amid Police Report Controversy.


In a significant ruling, the High Court has directed the issuance of a fresh passport to a petitioner who had faced multiple legal challenges but was acquitted of all charges. The court's decision came in response to a petition filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, seeking to overturn previous refusals by passport authorities based on an adverse police report.

Background of the Case:

The petitioner, who resides in Pune and holds a postgraduate degree in Computer Application, had been embroiled in seven legal cases between 1998 and 2001, from which he was acquitted, with the last acquittal recorded on July 28, 2017. Following his acquittal, the petitioner had been issued temporary passports multiple times, including one valid for one year issued on October 1, 2018.
However, in May 2019, the petitioner applied for a ten-year passport, which was rejected by the Regional Passport Office (RPO) on September 13, 2019, due to an adverse report from the police. This decision was upheld by the Appellate Authority in January 2020.

 

 

Legal Arguments:

The petitioner’s counsel argued that there were no pending legal cases against him and that he had complied with all conditions set forth in previous passport issuances. The adverse police report was criticized as unjustified, particularly as it referenced the petitioner’s attendance at a press conference organized by the Popular Front of India (PFI) before the organization was banned.
The police contended that the petitioner might join the PFI if a new passport were issued, but the petitioner countered that the PFI was not prohibited at the time of his participation in the press event and highlighted that no legal actions had been initiated against him since his last acquittal.

Court's Findings:

The court examined the circumstances surrounding the police's adverse report and noted that not a single case had been registered against the petitioner since 2001. It emphasized that the petitioner had traveled abroad several times without incident, following all legal requirements. Additionally, the court highlighted that the petitioner’s presence at the press conference did not constitute grounds for denying a passport, especially since the PFI was not a banned entity at that time.

Conclusion:

Ultimately, the court ruled in favor of the petitioner, ordering the passport authorities to issue a new passport valid for two years upon the submission of a fresh application. It directed the local police to provide a clear verification report to facilitate the process.
This ruling underscores the importance of considering individual rights and the principle of legality in administrative decisions regarding passport issuance. The court's decision is a reminder that past acquittals and compliance with legal conditions should be taken into account when evaluating passport applications.
The petition has been disposed of, with the court making its ruling absolute, ensuring that the petitioner can proceed with his application in accordance with the law.

  Passports Act, 1967