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The Print
5 days ago
- The Print
HC directs for clearance certificate to stalking accused for passport renewal
In the present case, the Malad police here in April this year issued a negative report on the ground that a criminal case (of stalking) was pending against the man. The police ought to have issued the certificate when the man has been permitted to travel abroad by the court, a division bench of Justices G S Kulkarni and Advait Sethna said in an order passed last month. Mumbai, Jun 1 (PTI) The Bombay High Court has directed the city police and the passport department to issue a clearance certificate to a man accused in a stalking case to renew his passport so that he can travel to Canada for studies. The man moved the HC, challenging the negative certificate issued by the police to the passport authorities and seeking a direction to the passport office to issue him a clearance certificate so that his passport could be renewed. In his plea, the man said a magistrate's court, before which his trial is pending, has granted permission for his passport to be renewed. A single bench of the HC in April permitted the man to travel abroad for the time period of the course he has secured admission in, the petition added. The high court in its order said when a directive has been issued by the magistrate permitting renewal of the passport in November 2024, then the police could not have issued a negative report. It was not the case of any of the authorities that the man was not authorised and/or entitled to travel abroad, the bench said. 'If this be the case then certainly such travel cannot remain a paper formality,' the HC said. The court noted the man's present passport is valid till 2026 and he has already been granted a visa by the Canadian government. 'We are of the opinion that the officer in-charge of the Malad police station needs to grant a 'Clear Police Verification Report' to the passport department forthwith,' the HC bench said. It quashed the negative report submitted by the police in April and directed it to issue a 'Clear Police Verification Report' in favour of the man. This verification report shall then be submitted to the passport authorities for issuance of a final police clearance certificate, the bench ordered. In 2017, an FIR was lodged against the man in Malad on charges of stalking, criminal intimidation and using words or gestures outraging the modesty of a woman. The case is pending before the magistrate's court. The man in his plea said he is desirous of pursuing a Chartered Accountant course in Canada and has secured admission for the same. Last year, the man filed an application before the magistrate's court seeking permission for the renewal of his passport and for a direction to the police to issue him a clearance certificate. Advocate D P Singh, appearing for the passport authority, submitted to the court that the department would grant a clearance certificate only after receiving a positive report from the police station concerned. PTI SP GK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hindustan Times
5 days ago
- Hindustan Times
HC directs for clearance certificate to stalking accused for passport renewal
Mumbai, The Bombay High Court has directed the city police and the passport department to issue a clearance certificate to a man accused in a stalking case to renew his passport so that he can travel to Canada for studies. The police ought to have issued the certificate when the man has been permitted to travel abroad by the court, a division bench of Justices G S Kulkarni and Advait Sethna said in an order passed last month. In the present case, the Malad police here in April this year issued a negative report on the ground that a criminal case was pending against the man. The man moved the HC, challenging the negative certificate issued by the police to the passport authorities and seeking a direction to the passport office to issue him a clearance certificate so that his passport could be renewed. In his plea, the man said a magistrate's court, before which his trial is pending, has granted permission for his passport to be renewed. A single bench of the HC in April permitted the man to travel abroad for the time period of the course he has secured admission in, the petition added. The high court in its order said when a directive has been issued by the magistrate permitting renewal of the passport in November 2024, then the police could not have issued a negative report. It was not the case of any of the authorities that the man was not authorised and/or entitled to travel abroad, the bench said. "If this be the case then certainly such travel cannot remain a paper formality," the HC said. The court noted the man's present passport is valid till 2026 and he has already been granted a visa by the Canadian government. "We are of the opinion that the officer in-charge of the Malad police station needs to grant a 'Clear Police Verification Report' to the passport department forthwith," the HC bench said. It quashed the negative report submitted by the police in April and directed it to issue a 'Clear Police Verification Report' in favour of the man. This verification report shall then be submitted to the passport authorities for issuance of a final police clearance certificate, the bench ordered. In 2017, an FIR was lodged against the man in Malad on charges of stalking, criminal intimidation and using words or gestures outraging the modesty of a woman. The case is pending before the magistrate's court. The man in his plea said he is desirous of pursuing a Chartered Accountant course in Canada and has secured admission for the same. Last year, the man filed an application before the magistrate's court seeking permission for the renewal of his passport and for a direction to the police to issue him a clearance certificate. Advocate D P Singh, appearing for the passport authority, submitted to the court that the department would grant a clearance certificate only after receiving a positive report from the police station concerned.
Time of India
21-05-2025
- Time of India
HC quashes magistrate's order on NBW against actor
Mumbai: Bombay High Court quashed and set aside a magistrate's order that issued a non-bailable warrant against actor Arjun Rampal in a 2019 tax evasion case . "On a perusal of the said order, it is clear that no reasons are recorded. In my view, this would cause prejudice to the petitioner in the given facts and circumstances as he would face an order of non-bailable warrant in a case of bailable offence," said Justice Advait Sethna on May 16. Rampal challenged the April 9 order of the additional chief metropolitan magistrate, Ballard Pier. An advocate had sought his exemption from appearance, but the magistrate rejected the application, observing that the accused failed to comply with bail provisions. Justice Sethna noted that under Section 276 C (2) (wilful attempt to evade tax etc) of the Income Tax Act, the maximum sentence is only three years and the offence is bailable in nature. The magistrate, "not taking into consideration such position, has mechanically passed the a bailable offence." He also "overlooked" the advocate's presence. "In such circumstances, such order would be contrary to law," added Justice Sethna. tnn
Time of India
10-05-2025
- Health
- Time of India
Med board to weigh cancer survivor's MTP of 24+ weeks
Representative image MUMBAI: Bombay HC directed that an independent medical board be set up to decide on the termination of an over-24-week pregnancy of a woman who is in remission from breast cancer. "In our view, the interest of justice would be served by passing the following order," said Justices Girish Kulkarni and Advait Sethna on Thursday. They directed JJ Hospital dean to appoint a board of experts, including a psychologist, to examine her and submit a report to the vacation court. The woman, aged 40, moved HC to permit medical termination of pregnancy as she had crossed the 24-week legally permissible limit. Operation Sindoor India-Pakistan Tensions Live Updates: India hits back after Pakistan violates ceasefire; Nagrota sentry hurt in brief gunfire Operation Sindoor Live Updates: Drones shot down at multiple places in J&K as Pakistan violates bilateral understanding Pak drones enter Indian airspace, explosions heard just hours after truce deal Her petition stated that in Aug 2020, she was diagnosed with Stage III breast cancer. Between March and Aug 2021, she underwent treatment that included 8 rounds of chemotherapy, surgery, and 21 cycles of radiation, which she completed in April 2021. She was informed that the treatment would have a permanent impact on her future chances of conceiving. After experiencing abdominal pain, an April 25 sonography report revealed she was 23 weeks pregnant. Since her pregnancy was over 20 weeks, on May 3, she approached the JJ medical board constituted under the MTP Act. On May 6, the board declined permission, citing no lethal congenital anomaly noticed in the foetus.
Time of India
10-05-2025
- Health
- Time of India
Ind med board to weigh cancer survivor's MTP at 24+ wks: HC
Mumbai: Bombay High Court directed that an independent medical board be set up to decide on the termination of an over-24-week pregnancy of a woman who is in remission from breast cancer. "In our view, the interest of justice would be served by passing the following order," said Justices Girish Kulkarni and Advait Sethna on Thursday. They directed JJ Hospital dean to appoint a board of experts, including a psychologist, to examine her and submit a report to the vacation woman, aged 40, moved HC to permit medical termination of pregnancy as she had crossed the 24-week legally permissible limit. Her petition stated that in Aug 2020, she was diagnosed with Stage III breast cancer. Between March and Aug 2021, she underwent treatment that included 8 rounds of chemotherapy, surgery, and 21 cycles of radiation, which she completed in April 2021. Operation Sindoor Pak drones enter Indian airspace, explosions heard just hours after truce deal Sirens, explosions in border districts after Pak breaks deal: What we know so far 'What happened to ceasefire?' J&K CM after explosions heard across Srinagar She was informed that the treatment would have a permanent impact on her future chances of conceiving. Further, that hormonal therapies and chemotherapy induce a menopausal state that was likely to lead to the cessation of menstruation or irregular experiencing abdominal pain, an April 25 sonography report revealed she was 23 weeks pregnant. Since her pregnancy was over 20 weeks, on May 3, she approached the JJ medical board constituted under the MTP Act. On May 6, the board declined permission, citing no lethal congenital anomaly noticed in the woman's petition stated: "Continuation of pregnancy will cause grave injury to her mental health considering her past history and possible relapse." Since the cost of treatment was significant, she took a loan and paid it off until Nov 2024. She has to spend on check-ups and tests to monitor the recurrence of cancer or other health issues. She is neither financially, physically nor mentally in a position to have another child. The board "did not consider the impact of continuation of the pregnancy on her overall well-being and state of mind".Her advocate, Meenaz Kakalia, said it is imperative she is examined by an independent board. She "is not in a state of mind to undergo the rigours of a complete pregnancy". Kakalia cited a Supreme Court decision that the medical board evaluating a pregnancy above 24 weeks must opine on the physical and mental health of the person. She said SC emphasised the right to choose and reproductive freedom, a fundamental right under Article 21 (Right to Life), adding, "The earlier board did not consider the legal requirements, thus necessitating a reconsideration." The judges agreed an independent medical board be constituted "to assess the physical as well as psychological condition of the petitioner...".
