A division bench comprising Justices Dilip Gupta and Narayan Shukla dismissed the petition on January 23 filed by Ziyaul Haque, who had described himself as "a religious person who has obtained a degree in Mufti from Deoband".
The petitioner had applied for a passport at the Passport Sewa Kendra, Varanasi, last year and had sought the court's direction to concerned authorities that he "may not be required to take off his cap while taking his photograph".
He had further alleged that the passport authorities at Varanasi were, nevertheless, adamant that his application would not be processed until he got himself photographed with his skull cap off.
However, appearing on behalf of the respondent authorities, Assistance Solicitor General of India Gyan Prakash submitted that as per records of his application before the passport office at Varanasi, "the petitioner has already been photographed without a cap" and that he had thereafter requested that the photograph be "replaced" with another one in which he is wearing the skull cap.
Expressing displeasure over the fact that "the petitioner has not mentioned these facts in the writ petition", the court dismissed the petition pointing out that he "has not placed any material before the court to show that his personal laws/customs/usages prohibit him from removing his cap".
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