Canadian citizen stuck in india - canadian passport taken from delhi airport -look out circular-498a

The query is short of material facts. Please post complete facts.

The Supreme Court, in its judgment, held that the right to personal liberty under Article 21 also includes the right to travel abroad. The court held that the government could not impound a passport without allowing the individual to be heard and explaining the reasons for such action

If the court has not imposed any such conditions, then the person is free to travel abroad. However, they must ensure that they are available to attend court hearings as and when required, failing which their bail may be revoked.

Hi T. Kalaiselvan,

can i approach high court chandigarh or supreme court directly? 

I think my case is getting delayed at district court. Can a writ petition be filed? 

Do you have time to take up my case sir?

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Hi,

Get in touch with the nearest Men's rights organization like Save Indian Family Foundation or any other MRA organization near your location (by Googling for any of their helpline number). Or post your contact number here so someone can get back. Your 498A matrimonial issue has been going viral in Twitter. They might be able to help

could you share the link of the tweet? 

I am not aware if it is going viral. 

Thank you

You can approach high court directly with a petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Section 528 of the BNSS deals with calling for records to exercise powers of revision. It also recognizes the inherent powers of the High Court to make orders to prevent abuse of the court process, secure the ends of justice, or give effect to any order under the Code

The High Court can exercise its inherent jurisdiction under Section 528 of the BNSS to entertain and act upon a petition filed under this secrtion.

The external organisations can only give you support which are momentary and cannot be legally enforceable because such organisations are toothless and they work only for their own monetary benefits instead of helping the victims.

You may have to follow it up lkegally through your own advoc ate and if your advocate is not cooperating then you can engage any other lawyer of your choice 

Contact Save Indian Family Foundation or other MRA NGOs near you for help by Googling the helpline number. Or comment on one of their posts that you are the victim & share your contact number. Below are some tweets that I came across.

https://x.com/realsiff/status/1851884782826762609

https://x.com/NCMIndiaa/status/1851964195308257573

You can contact the person at +91 88006 49515 to help. 

If anyone has any idea or can guide 

Better to approach Honoursble High Court concerned by way of writ petition under Article 226 Of Constitute of India. 

Is your requirement limited expediting matters in the District Court  to obtain release of your pass-port? Are you sure that if things move faster in the District Court you will get back your pass-port. Is there a court order to impound your pass-port?

You can file for a writ of mandamus in the High Court to order the District Court to expedite your case. You are a Canadian citizen. Canadian Government is not bound by Indian Laws. The Canadian Embassy in India can arrange for you travel documents to enter Canada.

Option -1

pray for speedy trial

Option-2

move for quqshing

Optipn 3

work for amicabl settlement

As far as Fundamental Rights are concerned the rights are primarily available to Indian Nationals.  However since right to life and liberty is available    for foreigners as well and right to earn is part of right to life. 

But this right cannot be extended to the right to earn at whatever place on earth. 

It will be highly devastating foe you to seek permission to go abroad and be present on each hearing (sometimes may be once in two months and sometimes twice in a month. Sometimes you may spend lakhs of rupees to come to India to know at 10.30 am that hearing is adjourned due to one reasons or other.

What advocate Sudhir Kumar has given could be arguments for the opposite side if his application for passport release comes for hearing before the District court. He has not sought advise whether he should leave for Canada or not. Was his passport been impounded by court order or the police is misusing its powers to confiscate his passport?  Anyway it is for the District Court to decide before which his application is pending.  Now the District Court should move. It can be done through a writ of mandamus before the High Court. When his application comes for hearing Advocate Sudhir Kumar can appear for the opposite party.