Issuance of Emergency/Transit Certificate for travel to India in case of impounding of Passport

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

218

CWP-69-2023

Date of Decision: 01.03.2023

Madhu Kohli

Versus

…Petitioner

Regional Passport Officer, Chandigarh

…Respondent

CORAM:   HON’BLE MR. JUSTICE JASGURPREET SINGH PURI

Present:-      Mr. Anoop Verma, Advocate, for the petitioner.

Mr. Karan Kumar Jund, Advocate, for the respondent.

JASGURPREET SINGH PURI, J. (Oral)

The learned counsel for the petitioner after arguing for some time has submitted that this is a case where the passport of the petitioner was impounded and at present he is in Dubai and non-bailable warrants have been issued against her. He submitted that the ground for impounding of the passport was that since non-bailable warrants were issued against her by a Court in India, the passport was impounded and she had already applied for anticipatory bail which has been granted by the High Court of Uttrakhand. He submitted that the petitioner is facing difficulty because unless the petitioner comes back to India she cannot submit herself before the Court which has issued non-bailable warrants. He therefore submitted that prayer of petitioner with regard to challenge to the impoundment would become a futile exercise. He submitted that he had sought instructions to state that she is willing to come back to India for the purpose of submitting herself before the Court in which non-bailable warrants has been issued and for that purpose he may be permitted to withdraw the present petition at this stage and liberty may be granted to the petitioner for filing an appropriate application for grant of emergency/transit certificate at the Indian Embassy at Dubai, so that after getting the emergency/transit certificate, she can come back to India and appear before the competent Court, which had issued non-bailable warrants.

The prayer of the petitioner is accepted. The petitioner is permitted to withdraw the present petition at this stage. Liberty is granted to the petitioner to file an appropriate application for grant of emergency/transit certificate in accordance with law before the Indian Embassy at Dubai. In the event of the petitioner filing any such application in accordance with law, the Regional Passport Officer, Chandigarh-respondent shall coordinate with the Indian Embassy at Dubai, so that the application may be processed expeditiously.

Accordingly, the present petition stands disposed of.

March 01, 2023

kapil

(JASGURPREET SINGH PURI) JUDGE

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