Court reaffirmed that existing judicial conditions must be fulfilled in passport renewals and travel permissions amidst ongoing legal disputes.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in hybrid mode (physical and virtual hearing).

2. In accordance with the last order dated 6th January, 2021, ld. counsel for the Petitioner has sought instructions and submits that his passport has been renewed for a period of five years by the Consulate General of India in Sydney.

3. There is an impleadment application, CM Appl. No. 2670/2021, which has been filed by Ms. Kanika Vaid - the wife of the Petitioner in this matter. Various orders passed by the Court in the criminal proceedings which are pending against the Petitioner have been placed on record. It is her submission that the renewal of the passport was subject to various conditions as contained in the order dated 25th November, 2019, passed by the Special Judge (NDPS), North, Rohini Courts, Delhi in the revision petition filed by the Petitioner. She further submits that this order has been upheld by this Court vide order dated 29th January, 2020 in Crl.M.C 6194/2019 titled Kanika Vaid v. State (NCT of Delhi) & Anr.. However, though the old passport has been suspended and a new one has been issued there is no clarity as to whether the conditions imposed vide order dated 25th November 2019 continue to operate qua the Petitioner or not. This position deserves to be clarified according to the intervenor.

4. A perusal of the impleadment shows that there are matrimonial disputes between the Petitioner and his wife leading to complaints being filed. In one such complaint filed by Ms.Vaid, the Petitioner sought anticipatory bail which was dismissed. Since he was already in Australia, finally he travelled to India and was even arrested. The Petitioner then sought permission to travel to Australia which was initially dismissed on 26th August 2019. However, in a Revision petition filed by the Petitioner, vide order dated 25th November 2019, the Sessions Court granted permission to travel subject to the following conditions:

"13. In view of such observations, this court passes the following directions:

i) That the order dated 26.08.2019 passed in FIR No.403/18, U/s 498-A/406/313/354-A/34 IPC, PS Model Town is set-aside and, thus, the applicant is permitted to travel/go abroad for resuming his duty;

ii) That the court directs the Passport Authority to consider the application of the applicant to be moved to renew the passport of the applicant in accordance with law and rules without influencing by any findings passed in this order;

iii) That in case the applicant joined his duties in Australia then the applicant shall supply all his functioning mobile numbers and the place of abode within 10 days to the ld. Trial Court as well as to the Consulate General of India in the said country;

iv) That the applicant shall not visit any other country except India and Australia without obtaining prior permission of the court;

v) That the applicant shall submit his passport within 48 hours immediately to the office of Consulate General of India in Australia and whenever he shall have to come to India, he shall have to apply for the release of his passport;

vi) That the applicant shall appear either himself or through his counsel on each date of hearing unless the presence of the applicant is unavoidable, as per directions to be passed, by the ld. Trial Court. Ld. Counsel for the applicant shall submit before the 1d. Trial Court that he will not dispute the identity of the applicant during trial on dates when the applicant will appear through his counsel;

vii) That in case the applicant violates any of the condition, then the ld. Trial Court is at liberty to pass any order in accordance with the law including the order to reconsider the earlier