Bombay High Court
Mohammad Kaleem Sheikh Chand vs Union Of India Through Ministry Of ... on 19 July, 2017
Bench: B.P. Dharmadhikari
Judgment wp2396.17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 2396 OF 2017.
Mohammad Kaleem Sheikh Chand,
Age 51 years, Occupation - Service,
resident of Siddiq Tower, Khan Abdul,
Gaffar Marg Near Nagina Masjid,
Telipura Chowk, Tq. and District
Akola. ....PETITIONER.
VERSUS
1. Union of India,
through Chief Passport Officer,
Ministry of External Affairs,
New Delhi.
2. Regional Passport Officer,
Passport Office, C.G.O. Complex,
1st Floor, Seminary Hills,
B Block, Nagpur.
3. The Superintendent of Police,
Akola. ....RESPONDENTS
.
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Mr. M. Badar, Advocate for Petitioner.
Mr. S.A. Chaudhari, Advocate for Respondent Nos. 1 & 2.
Mr. A.A. Madiwale, Asstt. Govt. Pleader for Respondent No.3.
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CORAM : B.P. DHARMADHIKARI
AND ROHIT B. DEO, JJ.
DATED : JULY 19, 2017.
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
Heard Shri M. Badar, learned Counsel for the petitioner, Shri S.A.
Chaudhari, learned Counsel for respondent nos. 1 and 2 and Shri A.A.
Madiwale, learned A.G.P. for respondent no.3. By consent of the parties and
considering the controversy involved, Writ Petition is taken up for final
disposal by issuing Rule, making the same returnable forthwith.
2. Rejoinder filed by petitioner on affidavit dated 18.07.2017 is taken
on record.
3. In earlier round of litigation this Court has on 12.03.2013 issued a
direction and accordingly a passport was issued to the petitioner. Using that
Judgment wp2396.17
passport petitioner has gone outside and come back twice.
4. He moved an application for its renewal, but, that application is
being kept pending.
5. Respondents have filed their replies and perusal of the same
reveals reiteration of grounds pointed out to this court on 12.03.2013.
6. However, in order to verify whether there are any other
developments or material, we have in present writ petition passed a
speaking order firstly on 13.06.2017 and thereafter on 11.07.2017.
7. On 11.07.2017, we have perused records produced in sealed
envelope by the respondent no.1. Today respondent no.3 has produced on
record a sealed envelope. The sealed envelope contains two paper books. In
first paper book, reports submitted by the office of respondent no.3 to his
superiors on functions held by 'Wahadat-E-Islami' in Akola district, are
placed. The second paper book contains circulars / letters received from
the State Intelligence Department about above mentioned organization.
Similarly, a dossier containing the events which appear in these papers is
also separately produced.
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8. The papers do not show involvement of petitioner in any illegal or
anti-social or anti-national program before or after 12.03.2013. Some
programs held at Akola by Wahadat-E-Islami and participation of petitioner
therein has been mentioned. It is also stated that members of banned
organization SIMI also attended those program. However, there is nothing
before us to ascertain that members of banned organization SIMI were
present in that program. Contention now raised is members of that banned
organization are members of Wahadat-E-Islami. The contention is not being
substantiated.
9. It is an admitted position that Wahadat-E-Islami itself is not a
banned organization.
10. In this situation, we allow the Writ Petition and direct respondent
no.2 to process the request of petitioner for renewal of his passport as per
law, in next four weeks.
11. Papers produced by the learned Counsel appearing for respondent
nos. 1 to 3, be returned to them.
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12. In view of above, Writ Petition is allowed. Rule is made absolute in
aforesaid terms, with no order as to costs.
JUDGE JUDGE
Rgd.
