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The Print
4 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
4 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.
Hindustan Times
03-05-2025
- Politics
- Hindustan Times
Restore Kanjur dump to mangrove forest within 3 months: HC to BMC
MUMBAI: In a major setback for the Brihanmumbai Municipal Corporation (BMC), the Bombay high court on Friday ordered the civic body to return the dumping ground at Kanjurmarg to its original condition – a mangrove forest – within three months. The division bench of justices GS Kulkarni and Somasekhar Sundaresan struck down as illegal the 2009 de-notification of the 120-hectare plot as forest land and its conversion into a landfill for violating procedures laid down under the Forest Conservation Act (FCA), 1980. The court was hearing a plea filed by the nonprofit Vanashakti in 2013, which challenged the grant of environment clearance (EC) for a landfill on the plot adjacent to the Thane creek. Though the plot was originally categorised as a protected forest, in April 2006, the high court had allowed the BMC to use it as a dumping ground following an assurance from the civic body that no mangroves would be destroyed in the process. However, on December 29, 2009, the entire plot was de-notified as forest land in contravention of due process stipulated under the Forest Conservation Act, the petition said. In response, the state government and the BMC told the court that the notification dated December 29, 2009 merely corrected an error in the forest notification, using powers statutorily granted under the General Clauses Act, 1897. Such correction did not require compliance with the process stipulated under the FCA, the government and BMC told the court. Senior counsel Gayatri Singh, representing Vanashakti, submitted that the Forest Conservation rules issued in 2003 stipulated a detailed and finely balanced procedure pertaining to de-reservation and de-notification of forest land. 'Environmental clearance was granted (for the dumping ground) without processing forest clearance and was therefore is illegal,' she asserted. Advocate general Birendra Saraf, representing the state, contended that originally, the land was only marginally covered by mangroves and nothing in the area constituted a forest, much less a 'protected forest'. The Supreme Court had in November 2003 already approved usage of the land for a dumping ground, subject to strict observance of laws relating to pollution, he told the court. The division bench of justices Kulkarni and Sundaresan said that since the plot was originally covered by mangroves, it automatically fell within the coastal regulatory zone I, within the category of protected forest. The Supreme Court had no occasion to consider the implications of the FCA in the November 2003 order as there was no notification of the land as a protected forest at the time, the judged clarified. The division bench ruled that the de-notification of plot as forest land was erroneous, unsustainable and in conflict with provisions of the FCA. 'The absence of compliance with this requirement has led to the failure of due process stipulated in the FCA rules,' the court observed, directing the BMC to restore the 119.91 hectares to its original condition within three months. Any further proposal to de-notify the plot would need to be compliant with provisions of the FCA, the court said and granted three months to the BMC to comply with the order.
Hindustan Times
24-04-2025
- Politics
- Hindustan Times
Navi Mumbai resident jailed for contempt after derogatory remarks on judiciary over stray dog row
MUMBAI: The Bombay High Court (HC) on Wednesday sentenced a Navi Mumbai resident to seven days' simple imprisonment and imposed a fine of ₹2,000 for contempt of court after she allegedly circulated a sharply worded letter criticising judges over a housing society dispute concerning the feeding of stray dogs. A division bench comprising Justices GS Kulkarni and Advait Sethna found Vineeta Srinandan, cultural director of Seawoods Estate Housing Society, guilty of criminal contempt after she authored and circulated a letter titled 'How Democracy is Being Crushed by Judicial System'. The circular, distributed to 1,500 residents on January 29, contained sweeping allegations against judges of the Bombay High Court and the Supreme Court. The controversy traces back to a High Court order from January 21, which restrained the Seawoods society from preventing residents' domestic staff from feeding stray dogs. The court underscored that under the Prevention of Cruelty to Animals Act and the Animal Birth Control Rules, 2023, animals are entitled to food, water, and care. The order was aimed at balancing residents' concerns with animal welfare. Srinandan, however, responded with the inflammatory circular, which the court deemed 'derogatory, objectionable and scandalising in nature.' The judges initiated suo motu criminal contempt proceedings upon becoming aware of the document. In a notable development, the Seawoods Estate's board of directors distanced itself from Srinandan's actions. The board issued an unconditional apology, stating that the circular was issued without consultation or approval and did not reflect the views of the society or its governing body. Despite the apology, the court held Srinandan solely accountable. 'We have no manner of doubt that the publication… fully satisfies the ingredients of criminal contempt,' observed the bench. The judges pointed out that the letter, issued during the pendency of the case, was a calculated attempt to influence public perception and undermine the authority of the judiciary. 'The comments are well-calculated, designed, and articulated to ascribe motives towards the court and the judges,' the bench noted. 'They are intended to create a feeling of distrust and prejudice… The contemnor certainly intended to scandalise the court.' The court stayed the sentence for ten days, granting Srinandan time to approach the Supreme Court for relief.
