Delhi HC orders MEA inquiry into issuance of passport to Uphaar convict, Sushil Ansal

The Delhi High Court has directed the Ministry of External Affairs (MEA) to submit a report on why the requirement for ‘pre-police verification to post-police verification’ for Sushil Ansal, the convict in the Uphaar Tragedy case, was relaxed while issuing his passport in 2018..The said report would be prepared under the supervision of an officer not below the rank of Joint Secretary, MEA, within four weeks and submitted to the Court in a sealed cover..The Court has also directed Crime Branch, Delhi Police to register an FIR against the police officials who gave a positive Police Verification Report at the time of issuance of Ansal’s passport under tatkal scheme in 2013, and submit a report within four weeks..A single Judge Bench comprising Justice Najmi Waziri was hearing a plea preferred by Association of Victims of Uphaar Tragedy seeking a CBI probe into the alleged criminal misconduct by passport and police officials in issuing the travel document to Ansal..Sushil Ansal was first issued a passport in the year 2013 on a tatkaal application which relies to a large extent on the police report furnished by the police station having jurisdiction over the residence of the applicant..The affidavit under the tatkaal scheme required specific deposition by an applicant to the effect that there were no criminal proceedings pending against the applicant in any court of law or that she/he has not been convicted by any court of law for any criminal offence in the past. In case of a convicted person or against whom criminal proceedings are pending, an affidavit stating that they have due orders from the concerned court concerned permitting them to depart from India, has to be submitted..Ansal, while applying for his passport, deposed that he had no criminal record whatsoever, and a passport was issued after positive verification from Delhi Police. He also did not take the requisite permission from the appropriate court..The said passport was, however, surrendered by Ansal before the Regional Passport Office (RPO) in August 2017..The second passport was issued to Ansal in 2018 through the normal process, in spite of two adverse reports against him by the Delhi Police and absence of a NOC from the Court. Subsequently, this passport was recalled after the RPO, Delhi sought clarifications from Delhi Police asking them to list all criminal cases pending or otherwise initiated against Ansal..Taking note of the chronology of events which led to the issuance of a passport in 2013, the Court observed that Ansal’s conduct “in effect, misled the Government of India and the Court”, while he was on oath..Coming down heavily on Ansal, the Court stated,.“..When respondent no.4 (Ansal) applied through the tatkaal scheme, he should have given information as required. Sushil Ansal has not only misled the Government of India, but has misrepresented on oath. Appropriate proceedings against him would be warranted.”.The Court recorded that Ansal availed the benefit of the tatkaal scheme and had specifically deposed that he had never been punished by any criminal court for an offence..“This is in the face of his conviction in the year 2007, the sentence of punishment was reduced to one year in 2008, which was further reduced by the Supreme Court in 2014. When respondent no.4 filed the affidavit, he ought to have made it clear to the Government that he had indeed been convicted for at least one year by this Court. “, it noted..Referring to the second passport issued in 2018, the Court noted,.“Clearly there is no explanation as to why there was relaxation apropos the requirement for pre-police verification to post-police verification for Sushil Ansal.”.It thus directed MEA to look into the matter and submit an ‘Inquiry Report’. The Report would also suggest measures for plugging such lacunae, and also furnish such other specific information as may be deemed necessary from an applicant for issuance of a passport..The Petitioner Association was represented by Senior Advocate Vikas Pahwa with Advocate Tushar Agarwal and Aashita Khanna..Sushil Ansal was represented by Senior Advocate Rebecca M. John with Advocates Vishal Gosain, Kushdeep Gaur, Rudrani Tyagi and Megha Bahl..The matter would be next heard on February 6, 2019..Read the order: