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HC directs respondents to reconsider case of applicant
Denial of Passport to wife of alleged KZF activist
7/31/2014 12:30:26 AM
Jammu, July 30 : In a petition filed by Balvinder Kour for issuance of passport which was denied by the respondents on the ground that her husband Tirlochan Singh alias Raju a trained militant of KZF and is indexed in the records of CID and was arrested in various criminal cases, Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing Adv Anil Gupta appearing for the petitioner whereas Sr. AAG Gagan Basotra for the state and ASGI KK Pangotra for the Union of India observed that on consideration and perusal of record, Court finds that there is no direct involvement of petitioner in any criminal case.
Thus, no sufficient ground is made out by the respondents for refusal of passport in her favour to be sustained in the eyes of law. Whereas the crime allegedly committed by her husband simply cannot be attributed to her for denying issuance of passport as applied by her, unless there is indirect or even remote conspiracy between petitioner and her husband is smelt.
With these observations Court disposed of petition directing the respondents to reconsider the request of the petitioner for issuance of passport in her favour under rules and take appropriate decision thereon within a period of six weeks from the date a certified copy of this order is furnished to respondents by the petitioner.
The State Government may, if it has any material with it that may attract the provisions of Section 6 (2) of the Act, supply that information to the Passport Officer within six weeks to be considered by the Passport Officer before taking final decision in the matter, under Rules.(JNF)
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