Querist :
Anonymous
(Querist) 01 October 2022
This query is : Resolved
HEELO, I AM KAMARUDDIN ALI, FROM GUWAHATI, AND WORKING WITH AN IT COMPANY, NOW MY COMPANY IS ASKING ME TO VISIT DHAKA, BANGLADESH, FOR THE EXPANSION OF OUR BUSINESS, WHICH IS NOT POSSIBLE WITH AN INVALID/IMPOUNDED PASSPORT, AS I HAVE ALREADY TWO CASES ARE PENDING IN GUWAHATI CJM COURT, ONE OF THEM IS ALMOST GOING TO END, AS IT'S ON ARGUMENTAL STAGE, SO, NOW, MY CONCERN IS WHETHER WILL I GET MY PASSPORT BACK? PLEASE ADVICE ME WHAT I SUPPOSED TO DO AND HOW TO GET MY PASSPORT BACK WOULD BE REALLY APPRECIATED THANK YOU.
If your passport has been impounded due to pending court cases, you'll need to apply to the trial court for permission to travel. The court may grant this if your presence isn't essential for the proceedings. Without a valid passport, international travel isn't possible, even with court consent. To get advice, you need to clarify why the passport was impounded and what steps you've already taken to retrieve it.
K Rajasekharan
(Expert) 01 October 2022
You have to apply to the trial court to get the permission to travel and the court will give you permission if your presence is not necessary for the conduct of the trial proceedings during the period.
Please see a write up on the issue as well at https://lawwatch.in/guidelines-for-granting-permission-by-criminal-courts-in-issuing-passports/
T. Kalaiselvan, Advocate
(Expert) 06 October 2022
Without passport you cannot travel abroad even with the permission of court. You have not stated that why the passport has been impounded and what steps you had taken to retrieve the passport? Until the details are known no further opinion or suggestion can be rendered. If the passport has been kept in the court custody lone, then it cannot be termed as impounding of passport, you can get court's permission to take back your passport and also with the court permission you can travel abroad and return within the period stipulated in your application.
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