India

Not Necessary To Seize Passport If Criminal Case Is Pending, Says Allahabad High Court

The Allahabad High Court ruled that authorities do not have to seize a person’s passport solely because a criminal case is pending against them.

The court clarified that the Passport Act uses the term “may,” which gives passport officers discretion to seize the passport under certain conditions, provided they record their reasons. However, this discretion does not obligate officers to seize the passport in every case. Consequently, the court canceled the order to seize the petitioner’s passport.

Justice Shekhar B. Saraf and Justice Manjeev Shukla made this decision in response to a petition filed by Mohammad Umar.

Not have to seize passport in every instance

Umar, who worked in Saudi Arabia, faced charges from his wife, Fatima Zahra, filed at the Mahila Thana, Ambedkar Nagar, including dowry harassment. The Regional Passport Officer had ordered the seizure of his passport based on these pending charges. Umar challenged this order in the High Court.

Umar argued that while the passport officer can seize a passport when criminal proceedings are pending. It is not mandatory to do so in every instance. He claimed that seizing his passport was unfair and not supported by law.

The court noted that Umar faced a criminal case related to marital discord, and the High Court had stayed the proceedings. Reconciliation efforts were ongoing between the parties. The court found that the decision to seize the passport did not consider these facts adequately. Accepting Umar’s petition, the court annulled the passport confiscation order dated May 30, 2023, and directed the issuance of a new order within six weeks.

Also Read: HC Seeks Delhi Police Reply On Plea To Quash FIR against Mahua Moitra Lodged By NCW Chairperson Rekha Sharma

Vishal Talwar

Recent Posts

Amit Shah Inaugurates LiHab Center; Promotes Liver Health On World Liver Day

Union Home Minister Amit Shah inaugurated the LiHab Center, HEALD initiative. He also released a…

43 mins ago

WAVES Summit 2025 Set To Redefine Global Media And Entertainment Landscape

The WAVES 2025 is set to take place from May 1 to May 4 at…

3 hours ago

‘India Likely To Be A Contender If UN Security Council Expands’, Says IGN Chair

India will 'surely' be a contender for a seat on a reformed United Nations Security…

3 hours ago

‘Post-2014, India Embraced Cultural Pride’, Says Rajya Sabha Deputy Chairman Harivansh

Rajya Sabha Deputy Chairman Harivansh on Friday highlighted a cultural resurgence in India, attributing it…

4 hours ago

Rajnath Singh Unveils Maharana Pratap Statue; Highlights India’s Defence Export Growth

Defence Minister Rajnath Singh on Friday unveiled a statue of Maharana Pratap in Maharashtra’s Chhatrapati…

5 hours ago

IAF’s Shubhanshu Shukla To Become Second Indian In Space On Axiom Mission 4

India is poised to mark a historic milestone in space exploration as Group Captain Shubhanshu…

5 hours ago