The court observed that the affidavits of the officers are not satisfactory. It seems that both the bank and the police are not serious. Proper efforts were not made to prevent fraud. They are told that the fraud took place from a remote area. Even the police are afraid to go to the Naxal area.
The plea prays for restraining the Consulate General of India in New York from declaring a spouse of an OCI applying for an OCI card to be ineligible for the same merely on the ground that they are in a same-sex marriage or queer (non-heterosexual) marriage.
Solicitor General Tushar Mehta submitted that the judgement was replete with examples of attempts of the trial court to define the conduct of the victim, her reaction to the assault and her past sexual conduct.
In the light of these averments, the petitioner prays for declaration of the Passport Rules, 1980, insofar as it requires production of the said documents, as unconstitutional and violative of Article 21 of the Constitution.
The counsel for the petitioner has contended that as per the Police-Forces (Restriction of Rights) Act, 1966, it is not permissible for any member of the police forces to form an association without express sanction from the Central Government.