' MUHAMMAD FARRUKH IRFAN KHAN, J.---Grievance of the petitioner is that he along with his wife applied for issuance of passport on 27-1-2015 but despite elapse of more than three months no action has been taken thereupon.
2. Learned counsel for the petitioner submits that respondent No.1 has informed the petitioner that their passports would be issued after verification of their national status and in this regard a letter has been issued to respondent No.2; that despite elapse of reasonable period of time no action has been taken thereupon; that issuance of passport is a basic right of the petitioner which is being denied by the respondents.
3. According to report and parawise comments of respondent No.1, national status of the petitioner appears to be suspicious; that according to sub para ii of para No.23 of Passport and Visa Manual, 2006 in case of doubt about the national status, the passport officer is authorized to make necessary verification in this regard; that case of the petitioner was referred to Intelligence Bureau for verification of his national status which was returned unverified vide letters dated 28-2-2015 and 30-3-2015; that the matter was forwarded to Deputy Director (CZ), Immigration and Passports, Lahore to take up the matter with respondent No.2 to avoid inconvenience to the general public.
4. Deputy Director, Intelligence Bureau while appearing on behalf of respondent No.2 submits that according to letters of D.G. Immigration and Passports dated 26-4-2004 and 2-7-2004 respondent No.2 has no responsibility to carry out verification procedure for issuance of passports. He further submits that only extremely sensitive/delicate cases approved by the D.G. Immigration and Passports are being dealt with by the Intelligence Bureau; that respondent No.1 without approval of its D.G. Directly asked for verification of the petitioner's national status which is violative of the aforesaid directives as such the same was returned unattended.
5. I have heard the arguments advanced by the learned counsel for the parties and gone through the record.
6. It is very painful to note that respondent No.1 is ignorant of letters of D.G. Immigration and Passports dated 26-4-2004 and 2-7-2004 which require Passport Issuing Authorities to refer the cases for determination of national status to the Special Branch of Police. Similarly, section 23(ii) of the Passport and Visa Manual, 2006 also requires that in case of doubt about the national status, the passport officer has to refer the matter to the Special Branch of Police for its verification but strangely respondent No.1 in sheer violation of the aforesaid letters as well as Manual blindly referred the matter to respondent No.2 for verification of national status of the petitioner, who has nothing to do with such like cases and Special Branch of Police is solely responsible for such verification.
7. This is not a very commendable position and is a classic example of the so called very, sensitive and responsible departments of the country which are shirking from their responsibilities. Keeping in view inconvenience of the general public which is suffering due to inaction of public functionaries and in order to minimize miseries of applicants seeking passport/ CNIC, on 30-4-2015 this Court passed the following order:- "In the circumstances, Inspector General of Police Punjab is directed to submit a report stating details of a senior officer of the Special Branch with a team working under him through the Punjab, which will be responsible for undertaking such verification on the antecedents of applicants of CNIC and Passports requiring such verification. In his report, Inspector General of Police Punjab will also provide a procedure with a timeframe in which the requisite verification will be made on being referred to Special Branch of Police, keeping in view the fact that the issuance of a CNIC and a Passport is a basic right of every citizen of this country."
8. In compliance with the aforesaid order, Addl. Inspector General of Police, Special Branch Punjab has submitted a report indicating to have taken following steps:- "A senior officer of the rank of DIG as Chairman of the Committee with two members i.e. SSP Security, Special Branch HQrs and concerned Regional Officer, Special Branch has been constituted for verification of doubtful cases of national status. The committee is responsible to dispose of all such cases received in the Special Branch HQrs within fifteen days of its receipt.
' A monitoring mechanism has also been established on permanent basis in Special Branch Punjab.
' It has further been reported that neither any application of the petitioner was received in Special Branch from any quarter nor is pending for verification. Iv. If any application is received in Special Branch Punjab, in view of section 23 (ii) of the Passport Policy, the same shall be disposed of by the committee within stipulated period as mentioned-above."
9. In view of above, it is directed that in future if a Passport Officer considers a case suspicious qua national status of a passport seeker, he would refer the matter to Special Branch of Police except cases of highly sensitive nature in which assistance of is deemed to be necessary and that too with the prior approval of D.G. Immigration and Passports. The Special Branch is bound to dispose of such like cases within 15 days of being referred to. Respondent No.1 is directed to refer the case of the petitioner to the aforesaid committee of Special Branch of Police constituted under the direction of this Court, who shall make necessary verification within 15 days and thereafter proceed with the matter in accordance with law.
10. Let a copy of this order be circulated to all the regional offices of the Passport Issuing Authority in Pakistan through Federal Ministry of Interior, Pakistan within 30 days for information and strict compliance under intimation to the Addl. Registrar (J) of this Court.