Chetan Shukla (Designer Civil) 27 June 2010

paaport recovery from court

Dear Sir,

I am a man working in gulf, since my wife has filed a false 498a case againt me in march 2008 at the time when I was not in india.

I came to india in Oct 2009 after taking AB from sessions court, according to AB conditions i submitted my passport to trial court, After that I got regular bail with in a months time from the trial court, where as in regular bail there is no such conditions to keep my passport under custody of trial court. Due to some misguidence from my lawyer i did not know that, since passport condition is not there in regular bail, i can get back my passport after getting regular bail. And i filed a revision application in sessions court and sessions court had rejected my application. After that we have filed a revision application in High court of Gujarat, but since last 6 months my apllication status is pending, Now due to the pressure from my employer to join back my duty I have to go back and I need my passport urgently. in this case can I file an application in trial court for getting my passport? since the application is pending in high court! or how can I ask to high court to take my mateer immediatley?

Please advise sir,

Thanks in advance.

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1 Replies

(Guest)

1. Only under Passports Act . 1967 a civilians passport can be impounded that also under Passport Act, 1967 by Regional Passport Office and the Court has erred here. Throw in famous Meneka Gandhi's Hon'ble SC citation (it is running into more than 70 pages mind it) before the Court and club your Employer's "call for duty letter" and take the passport back from the Ahlmed's safe custody. While granting Bail Court can't impose unreasonable conditions that also overriding right to liberty, freedom and livelyhood mind it.

2. In a all District Courts of Delhi's RTI which I did 2 months back on Passport impoiunding in matrimonial cases, the surprise answer which I received from some 80 trial courts of Delhi are that, all MM / ADJ's and even ASJ's said that they only impound passports of Foreigners that also on Drug and other Cirminal (non matrimonial) charges and only 1 Indian national passport has been impounded that also in a cheating case and no impounding of passport in matrimonial cases done by these some 80 trial courts of Delhi and the data that I asked was of past 18 monhts ! Can you believe this reply and now one here interested in PIL ha ha ?

Rgds.