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1 - 4 of 4 (0.21 seconds)Sultan Kamruddin Dharani vs The Union Of India on 19 September, 2008
Parties are not in dispute with respect to the fact that vide order
dated 30.05.2020 (Annexure P-5), petitioner surrendered before the Court
and was released on bail on furnishing bail bonds in the sum of Rs.25,000/-
with one surety in the like amount and the next date before the trial Court is
fixed for 30.09.2020. As per stand taken by respondent No.2, passport of
the petitioner had been impounded only on the ground that he had been
declared proclaimed offender as per order dated 17.11.2017. This Court is
of the view that once the petitioner had surrendered before the trial Court
and was released on bail vide order dated 30.05.2020 (Annexure P-5), his
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CRM-M-15287 of 2020 & connected cases -5-
passport cannot be impounded keeping in view the order dated 17.11.2017
vide which, he was declared as proclaimed offender. Since that ground is
no longer existing, the petitioner has a right to get his passport released.
This aspect has been examined by the Bombay High Court in Sultan
Kamruddin Dharani's case (supra), wherein it has been observed as under:-
Satish Chandra Verma Ips vs Union Of India Through Its Secretary on 9 April, 2019
Hon'ble the Supreme Court in Satish Chandra Verma vs.
Union of India and others, 2019 (2) SCT 741 was examining a case, where
appellant was denied foreign visit on the ground that departmental enquiry
was pending against him. It was held that pendency of the departmental
proceedings cannot be made a ground to prevent the appellant from
travelling abroad. It has been further observed as under:-
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
"5. The right to travel abroad is an important basic human right for it
nourishes independent and self-determining creative character of the
individual, not only by extending his freedoms of action, but also by
extending the scope of his experience. The right also extends to private
life; marriage, family and friendship are humanities which can be rarely
affected through refusal off freedom to go abroad and clearly show that
this freedom is a genuine human right. (See: Mrs. Maneka Gandhi v.
Union of India and Another (1978) 1 SCC 248).
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