Right of Contemnor to Renew Passport during pendency of Proceedings,

 

The Gujarat High Court has issued Notice to the Regional Passport Officer in view of a petition challenging its decision refusing renewal of passport on account of pendency of criminal contempt proceedings against the applicant.

The single-judge bench of Justice AS Supehia was adjudicating upon an application with above prayer.

The petitioner has urged that principle of 'inncoent until proven guilty' makes the act of invoking Section 6(2)(f) of the Passport Act arbitrary. It was averred that the said provision and related rules made a 'mockery of the said basic cannon of law' and is discriminatory and violative of Articles 14,16 and 21.

It was further being contended that the maximum punishment for criminal contempt is simple imprisonment of six months or with fine up to two thousand rupees or both which makes the charges petty crime. It was also submitted that criminal contempt of court was neither a criminal offence as per IPC nor is it a stand-alone criminal proceeding.

Reliance was placed on Daler Singh v. Union of India  in which it was held that a passport could not be refused merely on the ground that an FIR had been registered. Reference was also made to  Maneka Gandhi Vs. Union of India, 1978 Latest Caselaw 16 SC where the Supreme Court had emphasised 'fair play' as a facet of natural justice and had held that refusal or impounding a passport interferes with basic human rights. 

Social media is bold.

Social media is young.

Social media raises questions.

 Social media is not satisfied with an answer.

Social media looks at the big picture.

 Social media is interested in every detail.

social media is curious.

 Social media is free.

Social media is irreplaceable.

But never irrelevant.

Social media is you.

(With input from news agency language)

 If you like this story, share it with a friend!  

We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure