The Delhi High Court on September 11, 2018, has held that denial of a passport or its non-renewal impinges on the fundamental rights guaranteed under the Constitution of India.
The judgment was pronounced by
Justice Vibhu Bakru, on a writ petition filed by an Indian Citizen who is working as a truck driver in Canada on a legal work permit. The Petitioner had sought for a direction to the Central Government to issue a fresh passport after renewal. After being nominated by the British Columbia Provincial Nominee Program, Ministry of Jobs, Tourism and Skills Training, Canada for permanent resident status the petitioner on October 28, 2016, applied for renewal of his passport at the Indian Consulate at Vancouver.
The passport was, however, not renewed even after almost two years despite the petitioner’s compliance with all the formalities. The Central Government, the respondent in the case stated that while processing the Petitioner’s application for renewal of the passport, it was found that another passport had been issued by the Consulate General of India (CGI), Atlanta in the name of Sh. Jagdip Singh Dhillon, who is the brother-in-law of the petitioner. It was revealed in further inquiry that petitioner’s brother-in-law manipulated the passport service sub system of the CGI at Atlanta and had dishonestly obtained a passport by impersonating the petitioner. The Central Government alleged that this was in collusion with the petitioner.
AdvocateAnjana Gosain, the learned counsel appearing for the respondent submitted that the petitioner’s request for passport could be refused in terms of
Clause (i) of Section 6(2) of the Passports Act, 1967; that is, where the Central Government is of the opinion that issuance of a passport will not be in public interest. However, since the matter was still being investigated, the Central Government was “awaiting the outcome” of an investigation to issue a fresh passport. The Court observed that although the Central Government has not refused renewal of passport as yet, the fact that it has not been renewed in almost two years despite the Petitioner’s compliance with all the formalities, left
“no room for doubt that the petitioner has been denied passport facilities. The fundamental rights of a citizen cannot be held hostage to an inordinately long inquiry being conducted by the respondent or its agencies.” The Court held that denial of a passport ‒ which is the effect of non-renewal for such an extended period – clearly impinges on the fundamental rights of the Petitioner.
Delhi HC shifts Caravan Defamation Case to Patiala House Court
Judiciary
Jan 19, 2021
Gautami Chakravarty
(
Editor: Ekta Joshi
)
6 Shares
The Delhi High recently shifted the criminal defamation case against The Caravan on Friday, 15th January, 2021 to Patiala House District Court. The petitioner in this case is Vivek Doval, son of National Security Advisor Ajit Doval, and the respondent is The Caravan Magazine and others.The order was passed by a Single Judge Bench consisting of Justice Mukta Gupta.Earlier, the matter was heard by a Rouse Avenue District Court exclusively dealing with matters relating to lawmakers. Congress...
Delhi HC Orders All Subordinate Courts To Sit Physically on Alternate Day Basis [READ ORDER]
Judiciary
Jan 18, 2021
Gautami Chakravarty
(
Editor: Ekta Joshi
)
2 Shares
The Registrar General of the Delhi High Court has instructed the Principal District & Sessions Judges and the Principal Judge, Family Court to start physical hearings on an alternate day basis from 18.01.2020.It will be done through video conferencing on non physical days. The order directs the Principal District & Sessions Judges and the Principal Judge, Family Court to prepare a roster of all other subordinate courts within their respective districts to ensure that the...
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