“Hijacker” Davinder Singh has won the legal battle for passport against the Centre. Clearing the decks for the release of his passport, the Punjab and Haryana High Court has observed no case was pending against him now. The directions came after the State of Punjab, in its reply, said although the petitioner had been convicted in a heinous crime and for an anti-national activity, he has not indulged in any adverse activity subsequent to his release.
Allowing Davinder Singh’s petition against the Union of India and other respondents, Justice K. Kannan asserted: “The petitioner shall, therefore, be favourably considered and the competent authority amongst respondents is directed to issue a passport in accordance with law.
Davinder Singh was one of the hijackers, who had taken an Indian plane to Pakistan during the days of militancy. The aircraft was, in fact, hijacked after Operation Bluestar. Settled in Chandigarh, Davinder Singh was released from prison in 1986.
Taking up the petition, Justice Kannan asserted: “The application for passport filed by the petitioner was rejected on January 4, 1999, under the provisions of the Passport Act.
“The Government had also in appeal rejected his passport application by its orders dated January 29, 2004. The petition is filed on the ground that after the conviction was rendered under the provisions of Anti-Hijacking Act of 1982, read with the provisions of the Indian Penal Code, where the petitioner had been serving a life imprisonment, the Supreme Court commuted his life sentence for the period of service already undergone and he was ordered to be released on October 3, 1996.
Justice Kannan added: “According to the petitioner, there is no particular impediment against the issuance of passport especially when more than five years have expired since the order of release and there is no bar under any of the provisions of the Passport Act from issuing the passport”. Justice Kannan concluded: “As of now, there is nothing adverse against the petitioner….Admittedly, there is no case pending now…. The writ petition is allowed.
News Source: Tribune
