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TMI Blog2022 (2) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... specifically stated that he is the sole bread winner of his family and unless he goes back to Saudi Arabia, he would lose his job. He clearly undertook in the affidavit that he has absolutely no objection in proceeding with the trial in his absence and he has also stated that Adv. Shamsudheen K. will be appearing for him at the Court. He has also undertaken that he will not dispute his identity. In these circumstances, the Court below ought to have allowed his application seeking exemption from personal attendance. This Crl. M.C can be disposed of with a direction to the learned Magistrate to consider Crl. M.P. No. 405/2021 in the absence of the petitioner and to pass orders in accordance with law - Application disposed off. - Crl. MC No. 6140 of 2021 - - - Dated:- 17-2-2022 - Dr. Kauser Edappagath, J. For the Appellant: K. Salma Jennath, Thareeq Anver K., Arun Chand, M. Devesh, Anish Antony Anathazhath and Rassal Janardhanan A., Advs. For the Respondent: M.K. Pushpalatha, Sr. PP ORDER Dr. Kauser Edappagath, J. 1. Should an accused in a pending criminal case seek permission from the Court concerned for visiting a foreign country in terms of the Notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... classes of passports and travel documents. An application for obtaining a passport or travel document has to be submitted u/s. 5 of the Act. S. 6 deals with the refusal of passport, travel document etc. S. 6 reads thus: 6. Refusal of passports, travel documents. etc.-- (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of subsection (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-- (a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India; (b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India; (c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country; (d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest. (2) Subject to the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds under that Section and under S. 6(2), the passport authority can refuse to issue passport or travel document for visiting any foreign country on the enumerated grounds under that Section-and on no other ground. The pendency of a criminal case against the applicant is not a ground enumerated u/s. 6(1). But, a bare reading of S. 6(2)(f) would indicate that the passport authority shall be bound to reject the issuance of passport if criminal proceedings are pending against the applicant in any courts in India. 7. S. 22 of the Act enables the Central Government to exempt any person or class of persons from the operation of all or any of the provisions of the Act or the rules made thereunder in public interest, by notification in the Official Gazette and subject to such conditions. Invoking the power conferred under S. 22, the Government of India has issued notification GSR No. 570(E) dated 25/8/1993 exempting citizens of India against whom proceedings in respect of offences alleged to have been committed by them are pending before a criminal Court in India and who produces orders from the Court concerned, permitting them to depart from India from the operations of the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nor can he be prevented from travelling abroad except by due process of law. True, the Passports Act regulates the right of a person to go abroad. The pendency of a criminal case is a bar u/s. 6(2)(f) of the Act only for issuance of a passport so as to travel abroad. Mere pendency of a criminal case could not be cited as a bar to prevent a person from travelling abroad. The Passports Act nowhere restricts a person against whom a criminal case is pending and who holds a valid passport from travelling abroad. The pendency of a criminal case after the issuance of the passport only enables the passport authority to impound the passport invoking S. 10. For these reasons, I hold that an accused in a pending criminal case who holds a valid passport need not obtain permission from the Court concerned for visiting a foreign country in terms of the Notification GSR 570(E) dated 25/8/1993 r/w S. 6(2)(f) of the Passports Act, 1967. Only in a case where bail condition imposes any restriction in leaving the country, he needs to file petition to relax or modify the said condition. Thus, the Court below went wrong in insisting the petitioner to obtain an order under the Passports Act to go abroad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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