In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.4046 of 2007 Date of Decision:21-04-2008 Baldev Singh ---Petitioner vs. Union of India and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present:. Mr. R.S.Bains, Advocate, for the petitioner Mr. Abhishek Sharma, Advocate for respondents No. 1 and 2 Mrs. Charu Tuli, Sr. DAG. Punjab M.M.KUMAR, J. The petitioner has prayed for issuance of direction to respondents No. 1 and 2 for issuance of passport to him forthwith which is not being released by them despite the fact that enquiry is conducted by the police and the passport is being withheld without any reason. The petitioner is an Ex-serviceman and is aged about 45 years. He retired from Army as Sepoy (Constable) in July, 1991. After his retirement, he is working as an agriculturist and owns about 20 acres of land. Besides this, he is also doing the business of dairy farming. He applied for issuance of passport to the Regional Passport Officer, Amritsar, vide application dated 15.4.2003. He has submitted an affidavit C.W.P.No.4046 of 2007 -2- of the Sarpanch of Gram Panchayat alongwith necessary documents and requisite fee. The application was later on referred to the Regional Passport Officer, Jalandhar. However, no intimation was given to the petitioner and there is huge delay in issuing the passport to him. It has been pointed out that in his report, the Deputy Superintendent of Police, has merely stated that the petitioner is brother of dreaded terrorist, Paramjit Singh Panjwar and the police report was sent to the Regional Passport Officer, Jalandhar with the remarks 'not recommended' on 19.5.2003. It is claimed that the recommendations are genuine and are consistent with the integrity and security of the country. In the written statement filed on behalf of respondents No. 1 and 2, the same stand has been taken and reliance has been placed on a letter dated 23.4.2004 wherein it is mentioned that the petitioner had not appeared before the Regional Passport Officer, Jalandhar with requisite documents and information. When the matter came up before this Court on 28.2.2008, the petitioner undertook to appear before the Regional Passport Officer, Jalandhar, on 24.3.2008 or 25.3.2008 to explain his position. We had observed in that order that if no evidence is found against the petitioner, then he was to be issued passport. It is conceded that the petitioner had appeared before the Regional Passport Officer, Jalandhar on 25.3.2008. The Regional Passport Officer is stated to have sent a communication to respondent No. 4 who has given stock reply 'not recommended'. It is presumed to be based on the same fact namely that the petitioner is brother of a notorious terrorist. After hearing learned counsel for the parties, we find that there C.W.P.No.4046 of 2007 -3- is nothing against the petitioner in police record nor any evidence has been produced to show that the petitioner, in any way, is connected with the terrorists or the activities of notorious terrorist Paramjit Singh Panjwar who is his brother. Merely because his brother was associated with the terrorist activities, is no ground to conclude that the petitioner is also indulging in same activities. In similar circumstances and on the same ground another brother of the petitioner, namely, Sarbjit Singh filed C.W.P.No. 3589 of 2005 and the same plea was taken by the respondents in that case also. However, that plea was rejected and the writ petition was allowed on 7.3.2006. As a sequel to the above discussion, we allow the instant writ petition and direct respondent No. 1 to issue passport to the petitioner within a period of two months from the date of receipt of a certified copy of this order. (M.M.KUMAR) JUDGE (SABINA) JUDGE April 21, 2008 paramjit