Written by- preksha jain
Trial court permission to renew the passport is now not needed when the criminal proceedings are stayed…
Karnataka high court directed the regional passport officer not to grant permission for the renewal of the passport, as the criminal proceeding will stay as with her.
Justice krishna S dixit said
“It (the Government notification) stipulates that the accused seeking issuance of a passport or its renewal has to obtain an order at the hands of the criminal Court concerned permitting him to travel to a foreign land. However, this Notification has to be construed consistent with the Fundamental Right of a person to travel abroad and of possibility of its invocation, as discussed above. When all further proceedings in the criminal case are interdicted by a higher Court, this Notification cannot be pressed into service to deny petitioner’s request for renewal/re-issuance of passport,” the Court said.
The endorsement has asked to submit the final criminal cases pending against her. And the passport would be subject to conditions mentioned in a 1993 gazette notification.
The high court noted that the right to travel abroad comes under the fundamental right of life and liberty guaranteed under article 21 of constitution referred to maneka gandhi v UOI.
The high court also mentioned that the petitioner should not move to abroad rather her passport has been renewed.
Senior Advocate CV Nagesh along with advocate Ajay Kadkol appeared for the petitioner while Assistant Solicitor General Shanti Bhushan H represented the respondents.