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Ther's criminal pending case, How to get passport

Page no : 2

karan singh (i dont know)     10 April 2010

i have a case pending against me in court under section 465,467,471,419,420 its a passport case . im not a crimnel,i m not in goverment job .please tell me how  to solve this case so i can get my passport.i dont have any other crimnel record.

umesh (associate)     17 November 2012

hello Mr. Ramakrishnan,

Please advise if I can apply for a passport in NDPS case . I am looking to work abroad . Please advise if there's a specific procedure .

surjit singh (Assistant)     18 November 2012

Mr Agrawal has stipulated every tihing. When you apply for passport there is a coloum in which you have to declare whether any case is pending to your knowledge against you, if you declare supressing the fact which is itself an offence. There is no such law that passport will not be given when criminal case is pending aganst anybody. I think you should declare the correct fact, and after that if the passport authorities refuses to issuse a passport approach the court for a direction.

Anil Agrawal (Retired)     18 November 2012

If you apply for a passport, and after it is processed by the passport office, the papers will be forwarded to the concerned police station. You will be called. Police has a format which again lays down the same questions as are in the passport Act. If the questionis yes, they will not recommend. 

You go to the concerned Court and obtain a NOC which will be valid only for one year which means the passport will be issued for one year as against 10 or 15 years. You have to go to the court again for NOC for renewal of the passport.

It is an archaic law but if Ashim Trivedi, the cartoonist, can be charged under 124A (sedition) [the same section under which Gandhi and Tilak were charged and jailed) and which continues till date, what can you do. Remember that MPs obtain diplomatic passport even though cases of heinous crimes are pending against them and no body raises a finger. If they have committed a murder and go abroad and don't come back, what will passport office do? Revoke? Nothing will happen in their cases.

Anil Agrawal (Retired)     18 November 2012

Please read the following:

 

MINISTRY OF EXTERNAL AFFAIRS.

New Delhi the 25th August, 1993.

"No, GSR 570(E) - In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R.(E), dated the 14th April, 1970, 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 from 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 of one year;

(iii) if such order gives permission to travel abroad for a period 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 less than one year, but does not specify the period 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)(i) and (a)(n) 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 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 give 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."


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