LIMITATIONS ON THE ADMEASUREMENT OF PASSPORTS DURING THE PENDENCY OF A CRIMINAL CASE DO NOT APPLY WHEN THE ACCUSED WANTS TO RETURN TO INDIA
On 1st June 2022, the Madras High Court observed that the pendency of a criminal case that is on the FIR level isn’t a bar for the issuance of a passport. However, in instances in which the very last report has been filed, the permission of the concerned Court needs to be received for the issuance of a Passport, Court similarly determined that this kind of requirement is relevant handiest while the involved person desires to depart from India and not while the individual desires to come back to India.
In the present case, the writ petitioner is an Indian Citizen. He is currently carrying on business in Malaysia. It is claimed that the petitioner become concerned in some Criminal Cases in the years 2017 and 2018 while he was in India.
The petitioner misplaced his passport and he filed a complaint before the local police in Malaysia. He then approached the Indian Embassy in Malaysia for the re-issuance of his Passport. However, the Indian Embassy declined to achieve this by mentioning the involvement of the petitioner in criminal cases.
Observing that earlier under comparable circumstances the court had taken a favorable view, Justice Swaminathan allowed the issuance of a passport to them. The court directed the petitioner to submit a copy of the order and directed the embassy to renew/re-issue the passport of the petitioner for a duration of 2 years.
Case Title: Mr. Shaik Abdulla v. The Union of India and others
Case No: WP No. 12515 of 2022
WRITTEN BY –
PRAKHYA SHAH