Karnataka HC Rules Out Passport Seizure by Tribunals and Courts

Karnataka HC Rules Out Passport Seizure by Tribunals and Courts

VoM News Desk | December 16, 2023 | 03:24 PM IST | Courts & Law, Karnataka | Follow on Google News

Karnataka HC Rules Out Passport Seizure by Tribunals and Courts

Karnataka HC Rules Out Passport Seizure by Tribunals and Courts

The High Court of Karnataka recently invalidated the Debt Recovery Tribunal-1, Bengaluru’s decision to impound Nitin Shambhukumar Kasliwal’s passport, reinforcing that neither the police nor the criminal court can seize or impound passports under Sections 102 or 104 of the Criminal Procedure Code.

The case dates back to 1999 when Kasliwal had secured loans by executing an agreement. In 2015, the lending banks filed a case before the Debt Recovery Tribunal, seeking repayment, property attachment, and sale due to default.

The banks requested the surrender of Kasliwal’s passport, which the Tribunal ordered to retain on April 16, 2015. Subsequently, Kasliwal submitted his passport to the Tribunal whenever he traveled abroad. His plea for passport release in December 2016 was dismissed, prompting his appeal to the High Court.

The case was presided over by Justice M Nagaprasanna, culminating in the December 6, 2023 judgement.

Highlighting that the Tribunal shares powers with a civil court, the High Court emphasized that the Tribunal cannot direct passport withholding.

It reiterated that the Passport Act supersedes any power of civil or criminal courts to retain or impound a passport. While Sections 102 and 104 empower police and courts to seize or impound documents, they do not extend to passports.

The Court directed the Tribunal to release Kasliwal’s passport, asserting that the act of the Tribunal demanding passport surrender or detention amounts to impoundment, a power beyond its jurisdiction.

This landmark ruling reaffirms that neither civil nor criminal courts possess the authority to impound passports, ensuring protection against unwarranted seizures.

Karnataka HC Rules Out Passport Seizure by Tribunals and Courts: For any Query or any other question

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