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

CPSEs Report 47% Profit Growth In FY24, Led By Petroleum Sector

The 272 operating CPSEs reported a combined net profit of ₹3.22 lakh crore in FY24,…

13 mins ago

Maharashtra Celebrates Shri Vidya Koti Kumkum Archana Mahayagna With Giriraj Singh Among Key Participants

Shri Vidya Koti Kumkum Archana Mahayagna began with vibrant and enthusiastic participation from devotees. It…

32 mins ago

Swami Rambhadracharya Rebukes Mohan Bhagwat’s Remarks On ‘Hindu Leaders’

Expressing his discontent, Swami Rambhadracharya told a news agency, “I completely disagree with Mohan Bhagwat’s…

38 mins ago

Actress Manisha Koirala Visits Nepal, Supports Sustainability, Local Art & Business

Manisha Koirala, known for his exceptional acting skills, recently, visited Nepal. The Heeramandi actress was…

1 hour ago

The Order of Mubarak Al Kabeer; PM Modi Receives Kuwait’s Highest Honour

Kuwait conferred its highest civilian honour, The Order of Mubarak Al Kabeer, on Prime Minister…

1 hour ago

PM Modi Receives Guard Of Honour At Kuwait’s Bayan Palace, Strengthens Bilateral Ties

During his visit, PM Modi will hold high-level meetings with the Amir of Kuwait, Sheikh…

2 hours ago