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ISMAIL VALUMATHIGE S/O HASSAN – Appellant
Versus
UNION TERRITORY OF LAKSHADWEEP – Respondent
ORDER :
1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following prayers:
(ii) Direct the 2nd Respondent to release the passport bearing No. X2830538 of the petitioner.
(iii) Pass an order allowing Annexure A5 and permit the Petitioner to travel abroad for employment subject to any conditions as deemed fit in the interest of justice.
(iv) Order any other reliefs as deemed appropriate by this Honourable Court in the interest of justice.”
2. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent/Union Territory of Lakshadweep and the learned Senior Panel Counsel appearing for the 2nd respondent/Regional Passport Officer in detail.
3. The petitioner herein is the second accused in SC No. 4/2019 on the files of the Sessions Court, Kavaratti, where the 1st accused (brother of the 2nd accused) and second accused are alleged to have committed offences punishable under Sections 498A, 354B, 323, 506, 377,
The court emphasized the importance of disclosing ongoing criminal proceedings when applying for passport issuance, balancing the rights of the accused with the integrity of the trial process.
The central legal point established is the consideration of an applicant's position and circumstances, along with the legal provisions, in granting a No Objection Certificate for reissuance of passpo....
The trial court has the authority to issue NOC for passport issuance or renewal, as per the provisions of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.2019.
The mere pendency of a criminal case does not automatically bar passport issuance; personal liberty must be considered.
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
The right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
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