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SHAMIM AHMED
Mohd. Hasan – Appellant
Versus
Union of India Thru. Secy. Ministry Of External Affairs New Delhi – Respondent
JUDGMENT :
Shamim Ahmed, J.
1. Heard Sri Salman Abbas, learned counsel for the petitioner as well as Sri Surya Bhan Pandey, learned Sr. Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for the Union of India and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.
2. The instant writ petition has been filed seeking following main reliefs:-
ii. Issue Writ, Order and direction in any nature of Mandamus directing the Opposite Parties to consider the case of the petitioner and issue the passport to the petitioner irrespective of Case Crime No.458 of 2016, under Section 420, 467, 468, 471 I.P.C., Police Station Thakur
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
Pending criminal proceedings do not bar passport renewal; authorities to process per Act, rules, notifications without routine court NOC; ordinarily 10-year validity; travel permission separate from ....
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
The court affirmed the right to apply for a passport despite pending criminal proceedings if a No Objection Certificate from the court is provided, emphasizing the necessity of judicial oversight ove....
The renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission per the Passports Act.
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