shabbir boltwala (self employed) 30 May 2024

Rejection of travel permission

I am accused No.2 in a Criminal Case filed under CRPC . I had applied for renewal of my Passport as also for permission to travel separately. The Hon. MM Court allowed renewal of passport, however passport authority has issued passport for one year as against full term (10 years) . The RPO Mumbai reasoned that when Court does not specify in order, specific validity period for issuance of passport, passport is issued with validity of one year.

I applied for travel permission after receipt of passport as mandated in the Court Order. However, travel permission was rejected as PP informed the court that "ACCUSED CAN MEET HIS GRANDCHILDREN ON ELECTRONIC PLATFORM".

The one year passport has a short validity , as such I cannot travel. My query is based on rejection of travel permission:-

1. Is MM Court judgement of rejection travel permission good in law?

2. Before which Court to apply to setting aside this order and to seek travel permission?

3. How much time the other court will it take for hearing and issuing judgement against this order?

Will appreciate quick answers.

There is no financial loss or receipt of any funds by me under this complaint.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 31 May 2024

1. You can prefer an appeal against the aggrieved order before the appellate court .

2. Before the appellate court.

3. It depends on the court you may appraoch, time taken for disposal cannot be predicted

P. Venu (Advocate) 01 June 2024

Any suggestion depends upon the offences you are charged with.

The extant norms have been laid down under the Notification GSR 570(E) dated25/08/1993. As per the notification, the passports of person's against whom criminal cases are pending shall be renewed only after an NOC was issued by the Magistrate. The Notification further stated that, when no time is prescribed by the Magistrate the passport is to be renewed only for a period of 1 year.

However, the Telengana High Court has clarified in WP 2802 of 2024 that in case a NOC is sought for, and the Magistrate allows the application without stipulating a specific time, the Passport Authorities are bound to renew the passport for a period of 10 or 20 years and prescribed by the Passport Act and Rules but in no circumstance below 10 years.

The Judgment could be accessed at https://www.livelaw.in/pdf_upload/wp28022024-531190.pdf