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FIR alone no ground to impound passport, says J&K HC
FIR alone no ground to impound passport, says J&K HC

Time of India

time6 days ago

  • General
  • Time of India

FIR alone no ground to impound passport, says J&K HC

SRINAGAR: Mere registration of an FIR or pendency of an investigation cannot be grounds to deny or impound a passport or withhold its renewal, the Jammu and Kashmir and Ladakh high court ruled, setting aside a Jammu CBI court's order rejecting a retired IAS officer's plea for release of his passport. 'It is only upon the filing of a chargesheet and the court taking cognisance of the offence that it may be said that a criminal case is actually pending,' the HC said. CBI had seized the passport of Sajad Ahmad Khan during a raid at his residence Oct 12, 2021, in connection with an investigation into the illegal issuance of arms licences. The agency also confiscated his mobile phones and land documents. Khan, who had retired on March 31, 2018, appeared before CBI in Chandigarh, where he cooperated with the investigation, but requested for the return of his passport. However, the regional passport officer in Srinagar informed him on Feb 3, 2023, that his travel document had been impounded under section 10(3)(c) of the Passports Act, citing national security concerns. Khan filed an application seeking release of his passport before the CBI special court, stating he was a senior citizen and intended to go for Hajj pilgrimage. On Sept 11, 2024, the CBI court released the other articles seized during the raid, but held that the passport could not be released. Khan challenged the order in HC, arguing that he was not involved in any act prejudicial to India's security and that his passport had been held for over three years without any charges being filed. CBI opposed the plea, stating that his role had been established in the 'conspiracy for issuance of arms licences illegally in view of the monetary considerations'. The probe agency said it had sought sanction for his prosecution as of Oct 30, 2023, which was still awaited. The HC said the respondents had failed to place any material on record to indicate that the impounding of the petitioner's passport was with regard to the security concerns of J&K and that it was necessary in the interest of the country's security. The right to travel abroad was an important human right, for it nourished the independent and self-determining creative character of the individual, the high court stated, citing a Supreme Court judgment.

Guidelines on issuing passports cannot circumvent Passport Act: HC
Guidelines on issuing passports cannot circumvent Passport Act: HC

Time of India

time6 days ago

  • General
  • Time of India

Guidelines on issuing passports cannot circumvent Passport Act: HC

Kochi: HC has held that passport authorities cannot require an applicant to undertake any act for passport renewal unless such a requirement is backed by a statutory provision. A bench of Justice C P Mohamed Nias made the ruling while directing the passport authorities to renew the passport of an applicant who sought a correction in her date of birth, without insisting on a corresponding correction in her service records. The court was considering a petition filed by Josna Rapheal Poovathingal of Thrissur, challenging the decision of the Regional Passport Officer, Kochi, which required her to first correct the date of birth in her service records before processing her application to renew the passport with the revised date. The petitioner submitted that she could no longer seek a correction in her service records, as the stipulated time limit for such correction had long expired. She referred to a GO issued in 1991, which allowed corrections to the date of birth only within five years of entering service. Taking these facts into account, the court observed that insisting on such a correction would amount to compelling the applicant to perform an act that is no longer legally or practically possible. The court further noted that no provision exists requiring correction of service records as a precondition for changing the date of birth in a passport. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Genera ingresos extras con IA desde casa: una manera astuta de empezar a invertir con éxito [CFD] Digital Group Undo The bench accordingly held that the compendium of instructions or guidelines relating to the issue of passports in India or abroad cannot override the provisions of the Passports Act, 1967, the rules framed thereunder, or any other instrument having the force of law. It, therefore, directed the authorities to consider the petitioner's application without insisting on a correction in the service records, within two weeks.

Chinese man held in Gurugram for overstaying without a valid visa
Chinese man held in Gurugram for overstaying without a valid visa

Hindustan Times

time29-05-2025

  • Hindustan Times

Chinese man held in Gurugram for overstaying without a valid visa

A 28-year-old Chinese national, allegedly living in India without valid travel documents for nearly two years, was arrested from a rented accommodation in Sector 37 on Tuesday night, police said on Wednesday. The suspect, identified as Lin Jenson from Guangdong, China, was residing in a house rented from Mohit Kumar in Khandsa, said public relation officer of Gurugram police, Sandeep Kumar. 'Acting on a tip-off about a suspected foreigner living in Khandsa since March, a police team reached the location on Tuesday and asked him to produce his visa and passport,' said Kumar. 'Initially, he tried to mislead the police but later presented documents that revealed he had no valid visa or travel papers,' he added. Police said Lin entered India in 2019 on a business visa, which expired in 2023. 'The visa was not renewed. He continued living in Chattarpur, Delhi, before moving to Gurugram in March this year. He was working with a company in Manesar,' said Kumar. Police said the landlord rented his property to the foreign national without taking any valid documents and did not even alert the local police station about him as per rules. An FIR was registered under relevant sections of the Foreigners Act and the Passports Act at Sector 37 police station. 'We are probing whether he overstayed to earn a livelihood or had other motives. He will be taken on remand for interrogation,' Kumar said, adding the Chinese embassy has been notified through central government officials about the development. He has been taken on two day police remand for interrogation after production before a city court on Wednesday.

Why the pages of a passport must never be tampered with or torn
Why the pages of a passport must never be tampered with or torn

Indian Express

time23-05-2025

  • Indian Express

Why the pages of a passport must never be tampered with or torn

There are several dos and don'ts when it comes to safe air travel. While much attention is paid to comfort and convenient seats, many of us forget that documents, like a passport, are equally important. This is why any tampering with it could render it invalid, and officials may question its authenticity in India under the Passports Act, 1967. Experts assert that passport pages must not be tampered with or torn because it can invalidate the document, such that it is considered 'damaged', raising suspicion of fraud. It can lead to travel problems or legal consequences. 'The document's integrity ensures it is recognised as a legitimate travel document, allowing for smooth border crossings and visa processing,' said Colonel Rajgopalan, founder, Aviation Training India. Tampering in any form, such as tearing pages, altering, or mutilating the pages, can change the information or damage its security features. 'A passport, issued by the government, serves as an official citizenship and identification document accepted internationally for travel. It also contains several crucial security features like watermarks, holograms, and microprinting. Modern passports also use advanced technology like MRZ (Machine Readable Zones), biometric chips for faster and accurate processing,' said Dhairyashil Vandekar, an aviation expert and analyst. Even wet, stained, scribbled, missing pages or unofficial/memento stamps endorsed on the passport are considered damaged. 'This may not just result in denied entry but may also cause inconvenience by way of legal repercussions,' said Vandekar. In fact, if there are detached pages on which the binding has come off, you need to apply for a passport reissue. According to the website, the definition of a damaged passport is: Damaged passport is classified further based on the extent of damage, i.e.: *Damaged Passport – Passport number is readable, name is legible, and photo is intact *Damaged beyond recognition Notably, the Passports Act, 1967, is the primary legislation under which passport issuance and travel in India takes place. 'Maintaining the integrity of one's passport is an important responsibility of every citizen. It must be ensured that passport pages must not be tampered with, torn, overwritten, damaged, or defaced by putting stickers on the national emblem on it, as this will attract legal action under certain sections of the Passport Act, 1967, and Bhartiya Nyay Sanhita,' said Vendekar. A passport with torn pages are considered a form of damage and a new one needs to be issued under the 'Re-issue' category with the reason 'Lost/Damaged passport'. 'Duplicate passports are not issued; however, a new passport with a different passport number may be issued with fresh validity. The applicant has to apply in re-issue category with reason as Lost/Damaged passport,' according to the website. Here's why passport integrity is crucial: Authentication According to Rajgopalan, tampered or torn pages can be evidence of forgery or alteration, making the passport invalid and raising suspicion among immigration authorities. Visa and stamp application Most countries require a certain number of blank pages for visas and entry stamps so that damaged pages can prevent travel. Legal consequences Tampering with a passport can be a crime, leading to legal penalties. Security Protecting the passport from damage and alteration helps prevent misuse by others for illegal activities, such as identity theft or fraud. International recognition A valid passport is a crucial travel document, and tampering undermines its international recognition, said Rajgopalan.

Bangaldeshi woman living with fake identity for 2 yrs held in Bhilai
Bangaldeshi woman living with fake identity for 2 yrs held in Bhilai

Time of India

time15-05-2025

  • Time of India

Bangaldeshi woman living with fake identity for 2 yrs held in Bhilai

Raipur: In a major breakthrough, the Special Task Force (STF) formed to trace illegal immigrants in Chhattisgarh has arrested a Bangladeshi woman who had been living in Bhilai's Supela area under a false identity for two years. She was found to be using a forged Aadhaar card and had been availing govt services using the fake identity . Durg SSP Vijay Agrawal, during a press conference, confirmed that the arrested woman's real name is Panna Bibi , a native of Khulna district in Bangladesh. She had been living under the name Anjali Singh alias Kakoli Ghosh, using falsified documents including a forged Aadhaar card, which she used for treatment in a govt hospital. The forgery raised suspicions, prompting authorities to investigate further, leading to her arrest. During interrogation, Panna Bibi revealed she illegally entered India eight years ago through the Bangaon-Petrapole border in North 24 Parganas, West Bengal, using a fake passport and visa. After arriving, she spent five years in Sonagachi, Kolkata — a locality known for the sex trade — under the name Kakoli Ghosh. She then moved to Delhi for a year and later relocated to Bhilai along with a friend named Pooja. Illegal Activities and Cross-Border Money Transfers While living in Bhilai, Panna Bibi continued engaging in illegal activities and sent money regularly back to her family in Bangladesh, police said. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo The funds were first transferred to her contacts in Kolkata, who would then deliver the money across the India-Bangladesh border. Her mobile phone records show regular contact with over a dozen Bangladeshi numbers belonging to family members. The house owner, Suraj Saw, who rented his property to the woman without any police verification, was also arrested. Authorities have charged him for harbouring a foreign national without proper documentation and aiding an illegal immigrant. The woman was charged under multiple sections including Sections 318, 319, and 336(3) under BNS, Section 14(1) of the Foreigners Act, and Sections 3(2) and 3(3) of Passports Act. SSP Agrawal stated that the investigation will now focus on how she managed to enter India through illegal means, who assisted her in fiddling with the identity and document forgery. Police are probing into the possibility of a larger network involved in facilitating such illegal immigration. The STF will write to relevant agencies and authorities to further probe the case and take necessary action against all involved. Police recovered the fake Aadhaar card and mobile phone records proving the suspect's continuous contact with people in Bangladesh.

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