AI Overview...
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No Objection Certificate (NOC) for Passports - Courts have frequently granted NOC or allowed passport issuance/renewal despite pending criminal cases, emphasizing the importance of facilitating travel rights while balancing legal considerations ASHRAF KALLUNKAL, VILLA VS CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, COCHIN, CBI OFFICE, KATHRIKADAVU, KALOOR P. O. , KERALA - Kerala, Ashok Giri VS State of Tamil Nadu, Rep. by the Inspector of Police, Chennai - Madras, Rahimuddin vs Union Of India - Allahabad, Pramod Kumar VS State Rep. By The Additional Superintendent of Police, Chennai - Madras.
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Legal Framework - Courts rely on provisions under the Passports Act, 1967, particularly Sections 6(2), 22, and relevant rules, to interpret eligibility for passport issuance and renewal, often emphasizing that pending criminal cases do not automatically bar passport issuance if proper procedures are followed Bochala Enoch Sandy vs Union of India - Telangana, MOHAMAD SHAFI vs REGIONAL PASSPORT OFFICER - Kerala.
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Conditions for Granting NOC - Courts typically require that the issuance or renewal of passports does not hinder ongoing investigations or judicial proceedings. They may impose conditions, such as ensuring the accused does not flee or interfere with trial processes PRAVEEN SURENDIRAN S/O SURENDIRAN SHIVARAMAKRISHNAN VS STATE OF KARNATAKA BY CUBBON PARK POLICE STATION, REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU - Karnataka, ASHRAF KALLUNKAL, VILLA VS CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, COCHIN, CBI OFFICE, KATHRIKADAVU, KALOOR P. O. , KERALA - Kerala.
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Case-specific Considerations - The courts have considered factors such as the nature of allegations (e.g., serious crimes like smuggling or terrorism), the status of criminal proceedings, and the necessity of travel for personal or official reasons before granting NOC or allowing passport issuance ASHRAF KALLUNKAL, VILLA VS CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, COCHIN, CBI OFFICE, KATHRIKADAVU, KALOOR P. O. , KERALA - Kerala, Pramod Kumar VS State Rep. By The Additional Superintendent of Police, Chennai - Madras.
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Judicial Approach - The judiciary generally adopts a balanced approach, granting passports or renewals on a 'no objection' basis unless there are compelling reasons related to national security or ongoing investigations to deny such requests Mohammed Fariz and Co. VS Commissioner of Customs - Kerala, Ashok Giri VS State of Tamil Nadu, Rep. by the Inspector of Police, Chennai - Madras.
Analysis and Conclusion:
Courts in India have established that issuance and renewal of passports can be permitted even when criminal cases are pending, provided there is no risk of flight or interference with legal proceedings. The principle of facilitating citizens' travel rights is upheld, with courts often issuing 'no objection' certificates based on legal provisions and case-specific facts. However, such permissions are subject to conditions aimed at safeguarding judicial processes and national interests.
Search Results for "Judgements for no Objection for Passports to the Accused Also"
2016 0 Supreme(Ker) 439 • India - Kerala
B.KEMAL PASHA
The court also considered the allegations against the petitioner and the release of passports of other accused individuals. ... The court also considered the allegations against the petitioner as a hard core smuggler and the release of passports of other accused ... The court also considered the allegations against the petitioner as a hard core smuggler and the release of passports of other accused ... Here, the petitioner has no ca....
2016 0 Supreme(Gau) 565 • India - Gauhati
A.K.GOSWAMI
songs - Arms Act - Section 17 - Writ petition is that the father of the petitioner was shot dead by extremists and petitioner was also ... It is also made clear that if no order is passed by the licensing authority within a period of six weeks from the date of reply to ... The judgement in Changa Prasad Sahu (supra) was supplemented by stating that after taking the provisional action of immediate revocation of the licence, the licensing authority must issue notice to the licence holder giving an opportunity to file objection#HL_....
2022 0 Supreme(Kar) 65 • India - Karnataka
M.NAGAPRASANNA
Penal Code, 1860 – Sections 420, 465, 467, 468 and 471 – Pendency of Criminal Cases – Rejection of application for release of passport ... It is also important to note that passport of accused No.10 is seized in the present case for temporary period i.e., till conclusion of trial. Hence, if passport is released inn favour of accused No.10, he will fly to France and then it is difficult to secure Accused No.10. ... /-and Accused No.10 was directed to ....
2024 Supreme(Online)(TS) 11497 • India - High Court of Telangana
SUREPALLI NANDA, J
It referred to legal provisions under the Passports Act, 1967 and various judgments to support its decision. ... The court referred to legal provisions under the Passports Act, 1967 and various judgments to support its decision. ... of passport facilities to the petitioner. ... Thus, the Apex Court directed the Passport Authority to issue the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal....
2017 Supreme(Online)(KER) 7486 • India - High Court of Kerala
SHAJI P.CHALY, J
Passport - Renewal - Passports Act Section 6(2), 7, 22 - The court interpreted provisions under the Passports Act regarding passport ... Finding of the Court: The court found that the one-year passport issuance was consistent with Section 6(2) of the Passports ... Ratio Decidendi: The decision hinged on the interpretation of Sections 6(2) and 22 of the Passports Act, emphasizing that ... Therefore, it is observed that there was no objection for is....
2018 0 Supreme(Mad) 1080 • India - Madras
P.N.PRAKASH
Finding of the Court: The Court found that the petitioners should be granted 'no objection' for renewal of their passports ... Final Decision: The Court allowed the petitions, granted 'no objection' for passport renewal, and permitted the petitioners ... Ratio Decidendi: The Court held that passport renewal can be granted only on the basis of No Objection from the criminal Court ... Suffice it to say that when a criminal case is pending before a Court, passport ca....
2025 0 Supreme(All) 3407 • India - IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ajit Kumar, Swarupama Chaturvedi
renewal of a passport for ten years after receiving a No Objection Certificate from the court. ... (A) Constitution of India - Article 226 - Passports Act, 1967 - Sections 5, 6, and 22 - Issuance of passport - The petitioner sought ... emphasized the need for timely disposal of applications and highlighted citizens' rights concerning travel and the issuance of passports ... Both police conducting investigation and court conducting trial may require accused person at any point of time. ....
1957 0 Supreme(P&H) 4 • India - Punjab and Haryana
KAPUR, K.R.PASSEY
and were therefore required to have passports under the Indian Passport Act and Rules. 3. ... The Magistrate acquitted them, holding that they were Indian nationals and therefore not required to have passports. ... PASSPORT ACT - INDIAN PASSPORT ACT, 1920 - SECTION 3 - INDIAN PASSPORT RULES, 1950 - RULE 6 - ENTRY INTO INDIA WITHOUT PASSPORT ... There is nothing to indicate as to where the offence was committed nor is it shown how the two accused pers....
2018 0 Supreme(Ker) 929 • India - Kerala
K.VINOD CHANDRAN, ASHOK MENON
The petitioner is the first accused in Crime No. 723/2012 of Palode Police Station registered under sections 419, 465, 468, 471, ... Code -Sections193 and 228 S.122A of the Act --The charge sheet which was filed without obtaining sanction under Section 15 of the Passports ... The charge sheet which was filed without obtaining sanction under Section 15 of the Passports Act vitiated the trial- The entire ... There is a contention raised by the Department, that the appellant has not even filed a detailed objection and has r....
2022 0 Supreme(Mad) 2613 • India - Madras
RMT. TEEKAA RAMAN
Fact of the Case: The petitioner, an IPS officer and the 1st accused in a pending criminal case, sought a No Objection ... , and executive orders regarding issuance of passports to applicants with pending criminal cases, and allowed the plea for a No Objection ... allowed the petitioner's plea for a No Objection Certificate for reissuance of passport, subject to certain conditions, considering ... before the authority as prescribed under Schedule-III of the Passports#HL_END....
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