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Satwant Singh Sawhney Vs. D. Ramarathnam, Assistant Passport Officer, Government of India, New Delhi and ors. - Court Judgment

LegalCrystal Citation
SubjectMedia and Communication;Constitution
CourtSupreme Court of India
Decided On
Judge
Reported inAIR1967SC1836; (1968)70BOMLR1; [1967]3SCR525
ActsConstitution of India - Articles 14, 21 and 32
AppellantSatwant Singh Sawhney
RespondentD. Ramarathnam, Assistant Passport Officer, Government of India, New Delhi and ors.
Books referredHalsbury's Laws of England, Volume IV; P. Weis in "Nationality and Statelessness in International Law"; Ballentine's Law Dictionary, 2nd Edition; Halsbury's Laws of England, Vol. IV
Excerpt:
.....called upon to surrender both passport - writ before supreme court for order of mandamus against decision which was conveyed via letters issued by regional passport officer bombay - majority decision laid out that article 21 to include liberty to travel abroad - exercise of arbitrary discretion to refuse issue of passport in contravention of article 14 - minority decision observed that article 21 does not grant absolute right to a citizen to obtain a passport from government as it has right to scrutinize credentials of passport holder - petitioner found to undertake illegal import and export activities - denial of passport not arbitrary - apex court held, that order of mandamus to be passed and passport to be restored to petitioner. - [chandrasekhara aiyar,; vivian bose and;.....order102. in accordance with the opinion of the majority a writ of mandamus will issue directing the respondents to withdraw and cancel the decision contained in their letters dated august 31, 1966, and september 20, 1966 and to forbear from taking any steps or proceedings in the enforcement or implementation of the aforesaid decision and further to forbear from withdrawing and depriving the petitioner of his two passports and of his passport facilities. the petitioner will have his costs. 103. r.k.p.s.
Judgment:
ORDER

102. In accordance with the opinion of the majority a writ of mandamus will issue directing the respondents to withdraw and cancel the decision contained in their letters dated August 31, 1966, and September 20, 1966 and to forbear from taking any steps or proceedings in the enforcement or implementation of the aforesaid decision and further to forbear from withdrawing and depriving the petitioner of his two passports and of his passport facilities. The petitioner will have his costs.

103. R.K.P.S.


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