The legal process described above is a summary. Therefore, the above steps are not intended to replace legal advice or opinion; but they are ready to have legal knowledge. You should consider seeking the advice of an attorney for your particular situation, as criminal charges will vary in severity and may have different legal ramifications. A lawyer can help you pay medical bills or get a passport or visa.
Permission to obtain passport and visa while criminal cases are pending
Article III of the Indian Constitution.
The right to hold a passport is a fundamental right guaranteed to the citizens of India under Article 21 of the Indian Constitution. Passport is an important government document that allows people to travel the world and provides proof of identity and citizenship. A visa, on the other hand, is a government-issued document that allows a person to enter, stay or leave the country for a specific purpose, such as tourism, work, education or immigration. For this reason, both documents are required for people who want to travel abroad for various reasons such as education, work, work, medical treatment, travel and so on. Like all other fundamental rights, the right to own a passport is not an absolute right and is unreasonably restricted by the government in the name of national security, culture, ethics and crime prevention.
This article attempts to improve the understanding of passport holders’ rights and explains in more detail the court procedures to be followed for obtaining passports and visas while criminal proceedings are pending.
The right to hold a passport was first established by meritocracy in Maneka Gandhi v Union of India (AIR 1978 SC 597). The Honorable Supreme Court adopted a liberal interpretation of Article 21 and ruled that the right to hold a passport is a fundamental right under Article 21.
The Maneka Gandhi case had a great impact on the interpretation of Article 21 of the Constitution. Indian Constitution. Article 21 guarantees the right to life and personal freedom, including the right to free movement at home and abroad.
Journalist and activist Maneka Gandhi’s passport was confiscated by the Indian government without notice or explanation. He appealed the decision in court, arguing that his right to personal freedom was violated. In its decision, the Supreme Court said that the right to personal freedom in Article 21 also includes the right to travel abroad. The court said that the government cannot confiscate the passports without taking the person’s statement and explaining the reasons for the decision. Beyond the accuracy of this decision, the court emphasized the importance of law and the judicial process, saying that any interference with personal rights should be lawful and subject to scrutiny.
The Issue is important because it expands on Article 21 and recognizes the right to personal freedom, including the right to travel, privacy and fair decision-making, as well as attention to proper procedures and fair procedures. Using state power and law. This document marked an important moment in the development of India’s legal system. Also, in PoulamiBasu v. Karnataka High Court judge Government of India (2022 SCC OnLine Kar 1606) ruled that the right to travel abroad is a fundamental right guaranteed by Article 21 of the Constitutional Bridge. Indian.
Correlation of criminal cases for obtaining passport/visa cancellation and renewal
A State has the right to refuse or revoke a passport for reasonable reasons, such as a place where a person has been involved in a crime. However, the closure of a criminal case or case cannot be considered as a basis for refusing or not extending the passport/visa application.
In such a case, the court has the authority to use its discretion in determining the person’s request for judicial and legal action by reviewing and examining all other matters and giving permission. In a recent decision, the Bombay High Court instructed immigration authorities not to reject a man’s application for passport renewal simply because he was committing a crime against himself, saying that the mere pending process was not enough to affect his right to renew his passport. Relying on the facts of the case, the Court further noted that the above facts alone were not sufficient to deny the applicant’s right to renew his passport, as the applicant was pending for the offense under Articles 406, 420, 120(b) of the Convention. Article 34 of the IPC. Instructs the authorities to review applicants’ eligibility under the provisions of the Passport Act 1967 and issue a letter of cancellation in accordance with the following text and its provisions: Passport renewal is administered by Passport. To do. If you are confused about similar situations, here we explain the court procedures to follow to obtain passport/visa clearance while pending a criminal case.
Court Procedures for Obtaining Passport/Visa Permit During Criminal Hearing
1. Complete the supporting documents in the bill.
The Defendant may request a passport, but must first make sure that he has all the supporting documents and space to cancel the invoice. For example, PCC, i.e.
Police clearance, also known as “good conduct certificate”, is important.
However, depending on the charges brought against this person, you may need additional information.
2. Please go to the Supreme Court.
After identifying and verifying all required supporting documents with the authorities, you should apply to the pending court and make your required claims.
The above application should include details of your important documents and an itinerary with all relevant documents and travel details. The courts will determine the applicable difference or measure when granting permission.
3. Apply to the Passport Office.
Finally, you can apply for renewal or passport/visa at the Passport Office and complete other required documents as instructed.
Case No.
1. Prasanth v. Union of India 11.01.2022
In this case, the Kerala High Court made it clear that the travel destination was not suitable only in the absence of negative documents. It should not be questioned or satisfied that the actual crime is a bad document, even if there is no reason to bar someone from traveling abroad. The law states that if there is an ongoing criminal case, the passport can only be obtained with the permission of the court.
Conclusion
The legal framework described above is a basic one. Therefore, the above steps are not intended to replace legal advice or opinion; but they are ready to have legal knowledge. You should consider seeking the advice of an attorney for your particular situation, as criminal charges will vary in severity and may have different legal ramifications. A lawyer can help you pay medical bills or get a passport or visa.
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