CWP No.20982 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20982 of 2008 Date of Decision: 15.07.2010 **** Satnam Singh . . . . Petitioner VS. Union of India & anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Ms. JJ Kaur, Advocate for the petitioner Mr. KK Kahlon, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The petitioner was denied Passport vide impugned order dated 14.08.2006 (Annexure P4) on the ground that after issuance of Passport No.A-296228 to him in the year 1990, the petitioner traveled to UK and sought political asylum which was declined to him and he was forced to travel back to India on 11.01.1999 on an Emergency Certificate. (2). The petitioner has filed an affidavit that with a view to settle abroad along with his family, he was trapped by some travel agent who prompted and misled the petitioner to seek political asylum as such a plea would enable him to lawfully stay in UK. It is further averred that the petitioner has never ever indulged in any type CWP No.20982 of 2008.doc - 2 – of anti-India activity after his exodus from UK on 11.10.1999. (3). More than 11 years have passed after the petitioner returned to India. It is a harsh reality that unscrupulous travel agents mislead and misguide the innocent and gullible ruralites of Punjab State, who have always a strong desire to go and settle down abroad. (4). The possibility of the petitioner being one of the such victims cannot be rejected outrightly. The appropriate recourse, therefore, for the Passport Authorities would be to seek a fact-finding enquiry/investigation report from the police authorities of the area with regard to the antecedents of the petitioner or his family and the authorities are satisfied that the petitioner, notwithstanding the political asylum sought by him, has actually never indulged in any anti-national activity, there would be no justification in law or equity to still deny the passport to the petitioner. (5). The writ petition is, accordingly, disposed of with a direction to the respondent-Passport Authority to seek necessary enquiry/investigation into the antecedents of the petitioner and his family and if satisfied that the petitioner has never shown any disrespect to the sovereignty and integrity of India, to take further action CWP No.20982 of 2008.doc - 3 – to issue Passport to him. The entire exercise shall be undertaken within a period of six months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. (7). Dasti . (SURYA KANT) JUDGE 15.07.2010 vishal shonkar