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MUMBAI: No court permission is required where a criminal case is pending for passport renewal, HC Mumbai said, adding that it is only necessary for travelling abroad.
On August 23, HC ordered the regional passport office to process a man's application without asking. He resigned and cancelled communication on October 17, 2018, from the Passport Office denying Abbas Kagalwala's request that he obtain permission from the court where the criminal case is pending. HC states that a person fighting a pending criminal offence must obtain permission from the court when issuing a passport and must not renew a passport. Abbas Kagalwala (82), who is having a lawsuit against him for fraud and forgery, moved to the high court in 2019 after the passport office rejected his renewal application saying he must court where the criminal case is pending. His lawyer Vivek Kantawala argues that to renew a passport, permission is not required from the court where the criminal case is pending. “If a criminal case is pending, the only restriction is that the petitioner cannot go abroad without the permission of the court,” he added. The Center's attorneys relied on the August 25, 1993, notice and the Passport Act 1967 stating that the passport authority may refuse to issue a passport to an applicant whose case is pending in court. criminal judgment. He said Kagalwala would need to get permission from the court where his case is pending for a passport. But judges Sanjay Gangapurwala and Madhav Jamdar insisted on August 23 that “it will be in the case of passport issuance, not renewal”. They noted that Kagalwala's passport expired in 2017 and his application has been waiting for more than 4 years. Because he had already received his passport and he was applying to renew his passport, they ordered "the respondent (passport office) to process the passport renewal application without Court approval is not required, when a criminal case is pending against the petitioner." If the petitioner is travelling abroad, then he will have to obtain permission from the court where the case is located. A criminal is pending," they said. They also ordered "a decision to be made as above within two months".
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