Prashant Bhushan vs Union Of India & Anr on 7 January, 2016

1. The petitioner was issued a passport on 03.05.2006 under the Passports
Act, 1967 (hereinafter referred to as ‗the Act’) valid for a period of ten years.
2. The petitioner made an application on 26.06.2014 for re-issuance of the
passport since leaves in his passport booklet had exhausted. In the said
application the petitioner had mentioned the details of the cases that were
registered against him for the alleged violation of Section 144 of Cr.PC and
Section 3 of Prevention of Damage to Public Property Act, 1984 which are
pending in Patiala House Court namely FIR No. 71/2012 and 72/2012 on the
file of PS Tughlak Road and FIR No.130/2012 on the file of PS Parliament
Street. The petitioner was informed that in view of the pendency of the criminal

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cases, it is necessary for him to obtain No Objection Certificate (NOC) from the
Court where the criminal cases are pending. Accordingly the petitioner moved
the Court of Metropolitan Magistrate at Patiala House Courts, seeking NOC for
reissuance of his passport. By order dated 02.09.2014, the Metropolitan
Magistrate, Patiala House Courts, New Delhi issued NOC for renewal as per
Rules. However, the Respondent No.2/Passport Officer, by order dated
15.09.2014, issued the passport with validity for a period of one year only
stating that the petitioner is eligible for a short validity passport in terms of the
Notification dated 25.08.1993 and that the request of the petitioner for re-issue
of the passport for full validity cannot be acceded to unless the court issues a
fresh order in that regard.

Source: Indian Kanoon

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