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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

The Haryana HC establishes guidelines for passports issued to those facing criminal charges

The Haryana HC establishes guidelines for passports issued to those facing criminal charges

The Punjab and Haryana High Court issued seven commandments in an important verdict that might revolutionize the way passports are awarded to persons facing criminal charges in India for purportedly committing a crime. The orders were issued by Judge Moudgil in response to an application brought by Punjabi singer Daler Singh Mehndi through attorney Arshdeep Singh Cheema against the State of Punjab and other defendants. Senior advocate RS Cheema argued the case.

 In this case, it was ruled that the passport would be issued to every “such citizen” for the time period indicated in the court ruling. If the court ruling granted authorization to go abroad for less than a year but did not specify the passport’s validity duration, the passport would be issued for a year.

Judge Moudgil also stated that any passport granted in accordance with the Bench’s additional directives might be renewed for a year at a time, providing the applicant did not go outside beyond the period authorized by the court and the court ruling was not rescinded or amended in the meanwhile.

Additionally, it was also asked that the citizen submit a written undertaking to the passport issuing authorities that he would appear before the court involved if necessary at any point throughout the passport’s validity period.

Lastly, the court also stated that it was aware of the unusual scenario in which the applicant was a Sufi/pop artist who made a living by conducting music concerts abroad. For similar situations, the Ministry of External Affairs published an announcement on August 25, 1993, exempting citizens facing criminal prosecution from clauses prohibiting the issuance of passports or travel documents, but producing injunctions allowing them to leave India subject to certain conditions.