The Bombay High Court has issued a significant directive to the passport authorities, instructing them to consider the renewal of a passport for a London-based professional. This individual is currently appealing against a criminal conviction by a South Goa court in an attempted murder and voluntary hurt case.
Court Intervenes After Passport Renewal Denial
The legal battle reached the High Court after the man's father filed a petition. The authorities had refused to renew his son's expired passport, insisting on a No Objection Certificate (NOC) from the court. This refusal persisted despite the crucial fact that the accused is currently out on bail while his appeal against the conviction is being heard.
High Court's Rationale for the Decision
The bench, comprising Justices Sarang V Kotwal and Ashish S Chavan, carefully examined the circumstances. The court noted that the criminal appeal is pending and not likely to be decided soon. It also took into account that the petitioner's son is gainfully employed in London.
"The appeal is not likely to be decided in the near future. The petitioner’s son is gainfully employed in London. Therefore, it is necessary that his passport is renewed," the High Court stated emphatically.
Why the Court Found No Reason for Refusal
The judges provided a clear and logical argument for their ruling. They expressed that the mere pendency of an appeal should not be grounds to withhold passport renewal. In a compelling statement, the court highlighted a broader perspective.
"We do not see any reason as to why his passport should not be renewed. Only because the appeal is pending before this court, it would not be appropriate not to renew his passport," the bench observed.
Furthermore, the court pointed out a practical benefit for the state. "In fact, it would be in the interest of the state also, that if he comes back to India and if, in appeal, the judgment of the trial court is upheld, he may have to serve his sentence." This implies that passport renewal could facilitate his return to face justice if required.
The case originates from a verdict by a South Goa court, which found the professional and his parents guilty of charges related to attempted murder and causing voluntary hurt. The High Court's order now paves the way for the renewal of his travel document, acknowledging his professional commitments abroad during the lengthy appeal process.
