Showing posts with label Passport. Show all posts
Showing posts with label Passport. Show all posts

Friday, 20 February 2015

Prashant Bhushan denied reissuance of passport with full validity on the ground of pendency of criminal case; Delhi High Court issues notice to Ministry of External Affairs



The Delhi High Court on Friday issued notice to the Union government on a writ petition filed by advocate Prashant Bhushan challenging the government`s refusal to reissue him a passport with full validity of 10 years on the ground that criminal cases are pending against him.
 
Prashant Bhushan has approached the Delhi High Court challenging the act of the Union Govt in reissuing his passport for a limited period of 1 year instead of reissuing it with a full validity of 10 years
Justice Rajiv Shakdher sought the response of the Ministry of External Affairs and the Regional Passport Office, Ghaziabad, while posting the matter for March 16.

Advocate Pranav Sachdeva, appearing for Mr. Prashant Bhushan, contended that merely because a criminal case pertaining to being part of an unlawful assembly is pending against him, the government denied him a passport with full validity.

Bhushan, also a founding member of India Against Corruption (IAC), had staged a protest in August 2012 against the coal scam. Though the protest was non-violent, the police had registered a few cases under section 144 of the CrPC for participating in an assembly which was declared unlawful, against the members of the IAC, including Bhushan. The cases are pending in Patiala House court, the petition said.

Hearing the petition Justice Shakdher remarked: "If someone holds a valid passport but against him some minor traffic violation case is filed, then can you stop subsequent reissue of his passport."

The court also noted that "only if a court impounds the passport or put restrictions on foreign travel, then only passport validity can be restricted".

According to Mr. Bhushan, he had submitted his application for renewal/reissue of the passport to the regional passport office on June 26, 2014 and on the same day, as per procedure, his old passport was cancelled. The government had informed him that in order to get his passport renewed, he needs to first obtain a no objection certificate (NOC) from the concerned court where criminal cases are pending against him.

On September 2, 2014 he moved an application before the Metropolitan Magistrate (MM) at Patiala House Courts here seeking a NOC for the reissue of his passport, which was granted to him. However, the NOC did not specify the duration of validity of the passport.

On September 15, 2014 the government reissued the passport of Mr. Bhushan for a period of only one year instead of the full validity period of 10 years.

The counsel for Mr. Bhushan argued that the one-year restriction on reissuing the passport is "arbitrary, unreasonable and also discriminatory" and thus in violation of article 14 (equality before law) of the Constitution.

Additional Solicitor General (ASG) Sanjay Jain appearing for the Centre cited an Aug 25, 1993 notification, saying "Bhushan`s request for re-issue of passport for full validity cannot be acceded to unless the court concerned issues a fresh order in this regard".

The ASG argued that as per the notification a person (having a criminal case pending) who applies for issue or reissue of passport to first obtain a NOC from the court where the case is pending and that if the court does not lay down any time period for renewal, then a passport of only one year validity would be issued.
The High Court then said it would examine the validity of the notification which requires a person with a pending criminal case pending to first obtain a No Objection Certificate from a court

The passport issued to Bhushan from Sep 12, 2014 with a short validity of one year, is due to expire on September 11, 2015.

Monday, 19 January 2015

Muslim divorcee files writ petition in Kerala High Court challenging direction of passport authorities to produce divorce decree; claims 'talaq' is a valid form of divorce



A Muslim divorcee has approached the Kerala High Court challenging the insistence of the passport authorities for production of divorce decree to prove her claim in her passport application that she is a divorcee.
  
The petitioner, Nehmath Kunju Mohamed of Mattanchery has sought a declaration of law that divorce by her husband by pronouncing 'talaq' should be accepted as legally valid even without the necessity of a divorce decree. 

The petitioner contends that 'Talaq' is a permitted and recognized form of dissolution of marriage in Islam and Muslims are entitled to dissolve their marriages by 'talaq' or mutual consent without approaching any court or obtaining any formal decree or order from a court of law. Therefore, the demand of passport authorities to produce a formal divorce order is unwarranted, illegal, improper, and arbitrary, says the petitioner. 

It is alleged by the petitioner that the stance of the passport authorities is against the decision of the Kerala High Court reported in Shemi P Ali v. State of Kerala [2009 (3) KLT 167]

In Shemi P Ali v. State of Kerala (supra), the High Court of Kerala had declared the legal position thus : "Authentication of divorce by competent court is one of the methods of proving a divorce or even the existence of a re-marriage. But it is not the only method. Divorce resultant upon a 'talak' pronounced by her husband is a mode of divorce that is accepted in the Muslim Community. An affirmation of the state of affairs by a sworn affidavit in the form 'Annexure A' would suffice going by Clause 7 of Ext. R1(a) (Passport Information Booklet)." 

The petition filed through Adv: Muhamed Shemeem is expected to come up for admission before the High Court on Tuesday.

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Editor's note: The decision reported in Shemi P Ali v. State of Kerala (supra) has been followed in some other decisions of the Kerala High Cout, including in K.A. Thansi v. Regional PassportOfficer and Sajila v. Regional Passport Officer