Passports: India

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Lawsuit no ground for revoking passport: HC

TIMESNEWSNETWORK

The Times of India 2013/08/07

New Delhi: Even if a criminal case is pending against a person the passport office can’t as a rule revoke his passport, Delhi high court has clarified. The court said a passport can be impounded only in “appropriate cases” where cogent reasons have to be given in writing by the RPO.

Accepting the plea of a man, facing trial in a matrimonial case lodged by his wife, Justice V K Jain directed the passport authority to release his passport which was revoked on the ground of criminal charges against him. The court, however, directed him not to leave the country without its permission and also asked him to attend the ongoing criminal proceedings.

Allowing Manish Kumar Mittal's plea against the passport authority, Justice Jain noted, “The order passed by the Regional Passport Officer directing the petitioner (Mittal) to surrender his passport as well as the order passed by the appellate authority are, hereby, set aside. The respondents (authorities) are directed to release the passport of the petitioner to him forthwith.” The court also asked the RPO to pass an order within eight weeks after giving an opportunity to Mittal to make his stand clear under provisions of the Passports Act.