ASHRAF MIR Vs. STATE AND ORS.

JUDGEMENT

(1.) From the perusal of the records it emerges that respondent No. 3 had issued Passport No. A-8957658 on 24.07.2002 in favour of the petitioner valid upto 23.07.2003, has been renewed, but finally expired in the month of December 2006. In the foreign country i.e. Russia, petitioner has undergone MBBS course, which position is supported by the certificate No. 256 dated 26.08.1998 issued by the 'Kazakhstan SEMEY State Medical University'. Furthermore, petitioner appears to have contracted marriage there with one Marina Lupareva; two children are born out of the said wedlock, which is clear from the affidavit and photographs placed on record.

(2.) On the expiry of the validity of the Passport in the month of December 2006, petitioner had applied for its renewal vide key No. B-001088 under 'Tatkal' category; in view of no response one more application was filed in the year 2011 vide key No. M-000486, again without response, which prompted him to file OWP No. 912/2013; vide order dated 11.09.2013, respondent No. 2 therein was directed to send the copy of the report to respondent No. 3 within one week, thereafter respondent No. 3 was to take decision under the Passport Act, 1967.

(3.) In compliance of the said direction respondent No. 2 had forwarded the report to respondent No. 3 to the effect that the petitioner had crossed over the line of control to Pakistan Occupied Kashmir in the year 1989 for obtaining arms training; on return was arrested in the year 1991 and detained under the provisions of the Public Safety Act, 1978. On such basis grant of Passport has not been recommended.