The bench of Justices S.V. Gangapurwala and Madhav J. Jamdar was dealing with the case where the Petitioner had applied for renewal of the Passport. Said application is not being entertained for the reason that the Petitioner should obtain a permission from the Court where a criminal case is pending against the Petitioner.
Mr. Vivek Kantawala, Counsel for the Petitioner submitted that for renewal of the Passport, permission from the Court where a criminal case is pending against the Petitioner is not necessary.
It was submitted that if a criminal case is pending, then the only limitation would be, the Petitioner can not travel abroad without the permission from the Court where a criminal case is pending against the Petitioner.
Mr. D.P. Singh, Counsel for the Union relied upon and Section 6.2 (f) of the Passport Act, 1967, to conclude that the Petitioner has to obtain a permission of the Court where criminal case is pending against the Petitioner for the purpose of issuance of the Passport. It will be a case of issuance of the Passport and not renewal of the Passport.
The issue for consideration before the bench was:
Whether the petition filed by the petitioner for the renewal of the passport could be accepted?
For Passport Renewal Permission of the Court Where Criminal Case is Pending Not Required: Bombay HC
Recently, The Bombay HC ruled that passport renewal can’t be denied due to the pendency of the criminal case and permission of court is not required for this purposez
The bench of Justices S.V. Gangapurwala and Madhav J. Jamdar was dealing with the case where the Petitioner had applied for renewal of the Passport. Said application is not being entertained for the reason that the Petitioner should obtain a permission from the Court where a criminal case is pending against the Petitioner.
Mr. Vivek Kantawala, Counsel for the Petitioner submitted that for renewal of the Passport, permission from the Court where a criminal case is pending against the Petitioner is not necessary.
It was submitted that if a criminal case is pending, then the only limitation would be, the Petitioner can not travel abroad without the permission from the Court where a criminal case is pending against the Petitioner.
Mr. D.P. Singh, Counsel for the Union relied upon and Section 6.2 (f) of the Passport Act, 1967, to conclude that the Petitioner has to obtain a permission of the Court where criminal case is pending against the Petitioner for the purpose of issuance of the Passport. It will be a case of issuance of the Passport and not renewal of the Passport.
The issue for consideration before the bench was:
Whether the petition filed by the petitioner for the renewal of the passport could be accepted?
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High Court stated that in view of the fact that petitioner is already issued a Passport earlier and the Petitioner would be seeking renewal of the Passport and the said application is pending with the Respondent, the bench directed the respondent to process the application of the petitioner for renewal of the Passport without insisting for permission of the Court, where a criminal case is pending against the Petitioner.
Case Title: Abbas Hatimbhai Kagalwala v. The State of Maharashtra and Anr.
Bench: Justices S.V. Gangapurwala and Madhav J. Jamdar
Case No.: WRIT PETITION NO.384 OF 2019
Counsel for the appellant: Mr. Vivek Kantawala
Counsel for the respondent: Mr. D.P. Singh
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