Punjab & Haryana High Court Orders Release Of Man's Passport Embroiled In Cruelty FIR, Cites Impact On Resumption Of His Green Card

The Punjab and Haryana High Court has ordered the release of a man's passport, which is in custody of a trial court dealing with a cruelty FIR lodged by his wife.

Justice Harpreet Singh Brar said that holding the passport would have "a truly detrimental effect with respect to the resumption of his Green Card" in United States of America.

Petitiner had challengedMagistrate Court order dismissing his application for release of passport and permission to go abroad.

Counsel for petitioner submitted that petitioner is a permanent resident of the UD since the year 2016 and is a qualified commercial taxi driver through which he is earning livelihood for himself and his family. He obtained the New York State driving license 6-7 years ago and his employment as a driver is essential for the survival of his family. Petitioner had obtained Green Card and one of the conditions stipulated for retaining it is his permanent residency, for which he is required to return to the US within six months from departure.

In the instant case, if the petitioner does not return by 03.08.2024, his permanent residency will be liable to be revoked, he added.

Opposing the prayer, the State counsel submitted that there is every possibility that petitioner would flee from the process of law and would abscond from prosecution.

However, he could not controvert the fact that the petitioner is not involved in any other case and the right to travel abroad is a part of the fundamental right as enshrined under Article 21 of the Constitution of India as laid down in Mrs. Maneka Gandhi v. Union of India and Another (1978).

After hearing the submissions, the Court noted that, "there is nothing on record which would remotely suggest that the petitioner would flee from justice and not join proceedings after he has returned to the US."

The petitioner has already been granted the concession of anticipatory bail by the learned Additional Sessions Court, Hoshiarpur, it added.

Reliance was placed on, Parvez Noordin Lokhandwalla v. State of Maharashtra and another, wherein Top Court considered an appeal from Bombay High Court judgment declining to permit Parvez Noordin Lokhandwalla to travel to the US for a period of eight weeks. He had urged before the court that being a Green Card holder, it was mandatory for him to return to the US within a stipulated period of his departure from that country, failing which the conditions for revalidation of the Green Card would not be fulfilled. However, the High Court declined to relax the conditions imposed by it for the grant of interim bail on the ground that an FIR has been registered against him.

While allowing his appeal, the Top Court observed that the lodging of an FIR should not in the facts of the present case be a bar on the travel of the appellant to the US for eight weeks to attend to the business of revalidating his Green Card.

In the light of the above, Justice Brar allowed the plea and directed the trial Court to release the passport of the petitioner forthwith.

However, the Court imposed certain conditions, allowing the petitioner to travel to the United States of America.

Mr. Veneet Sharma, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 171