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Anil Agrawal (Retired)     13 September 2009

Passport

 Sec 6 of Passport lays down this also:

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; 

In other words if a summons to appear as a defence witness has been issued, he cannot apply for a passport and RPO would deny it.

Contrast it with those gentlemen, including Ministers and MPs, who face far more serious crimes that might result in jail term for upwards of 10 years but travelling all over the world with diplomatic passports. In other words, there are two classes of citizens in India - one who has received summons before making application for a passport and the other who has been issued passport but is facing criminal charges now. The former is a security risk. The latter? Obviously NO.

What a great country is ours?



Learning

 2 Replies

Adv.Aiyer VLV (Proprietor)     13 September 2009

 Agree with you Sir!

One of the many follies and badbly drafted (out of 50,000 Enactments-which law ministry itsell will not be aware - but public are not excused for not knowing - ignorantia jus non excusant)

But, will  the court will use Noscitur Associi, and read it as requiring appearance for offences?

Also, is there a necessity for a court witness not to leave the country in view of importance?

regards

VLV

Anil Agrawal (Retired)     13 September 2009

 He will have to seek court's permission to apply for a passport.


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