- (1.) THE petitioner, who had been Member of Legislative Council belonging to Bhartiya Janta Party, for two successive terms, namely, 1998 -04 and 2004 -10, has approached this Court saying that he has been illegally refused the issuance of passport, which is urgently required for his treatment at Parkway Hospital, Singapore. The petitioner who is suffering from serious ailments, namely, dilated cardiomyopathy (collapse of heart), severe LV dysfunction (heart's left ventricle failure) and chronic renal failure (kidney failure), has been advised by Sir Ganga Ram Hospital, New Delhi for his treatment at the aforesaid hospital in Singapore.
(2.) THE petitioner applied for issuance of passport on 29.1.2010 before the Passport Officer, Passport Office, Lucknow but the same has been refused on the ground that there is a police report which says that criminal cases are pending against the petitioner in the districts of Varanasi and Chandauli. The aforesaid police report further says that the petitioner had been a Member of Legislative Council of Bhartiya Janta Party and that he being a political person, his file is maintained in L.I.U. Office. Further, the report says that he wants to go abroad for medical treatment. The aforesaid police report though does not mention about any specific criminal case being registered and pending against the petitioner but the petitioner says that this was a case under Sections / IPC. This was a criminal case bearing Session Trial No. 800 of 1997 State of U.P. v. Mukhtar Kabadi and Ors.
(3.) HE further says that the petitioner has been acquitted in the aforesaid trial vide Judgment and order dated 2.7.2001.;