Passport issue for a criminal case
Minakshi
(Querist) 09 March 2012
This query is : Resolved
Can passport be issued to a person who is having an FIR lodged against him and court hearing is not yet done ?? an early reply would be appreciated.Thanks.
ajay sethi
(Expert) 09 March 2012
under section 6(f)indian passport act passport can be refused on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
you will have to make application to court and the court may impose such terms and condions before issue of passport
ajay sethi
(Expert) 09 March 2012
Ministry of External Affairs Notification No. GSR 570 (E), dated August 25, 1993, published in the Gazette of India, Extra, Part-II, Section 3 (1), dated 25th August 1993, pp-2-3, Sl. No. 289 (No.VI/401/37/19]
In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in suersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298 (E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders form the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-
(a) the passport to be issued to every such citizen shall be issued ?
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year;
(iii) if such order gives permission to travel abroad for a period of less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.
(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the the meantime, the order of the court is not cancelled or modified;
(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall given an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.?
Shonee Kapoor
(Expert) 09 March 2012
Thanks Ajay.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Minakshi
(Querist) 10 March 2012
Thanks Ajay,
One more query, if a person who has FIR against him, wants to seek permission from the court for issue of passport and travel, then is the court permission easily obtained ??
Also if the FIR has been lodged and suppose that the charge sheet has not been filed by police yet, then in that case, will court give permission for issue of passport as charge sheet has not yet been filed ?
ajay sethi
(Expert) 10 March 2012
court will consider your request and permit you subject to terms and conditions laid down . request your lawyer to do the needful . you should get the passport
Raj Kumar Makkad
(Expert) 10 March 2012
Provisions in both the situations are different, In case the chargesheet has been filed then the permission shall be granted by court and if charge-sheet is yet to be filed and the case is under investigation then police has exclusive power to permit him subject to surity and indemnity bond.
