Passport Can Be Renewed Even If There Is A Criminal Case Going On If Court Permits – A Case Study

The chief general manager of state run PEC limited was denied the renewal of his past as he was charged by the CBI for offenses under the IPC section 420 as well as section 13 of the corruption act after the CBI had filed an FIR against him and his PSU under the ministry of Commerce and Industry for cheating of over 530 crores.

When the advocate of the client applied for an NOC for Passport renewal, the PEC limited refused it citing the office memorandum of Aug 28, 2018, that the Ministry of Public grievance and Pension, Personnel, Department of Personnel and Training, stating that in case of any pending disciplinary proceedings, the vigilance clearance as well as the NOC certificate required by a public servant for issuing or renewing passport can be withheld ordinarily.

Passport Can Be Renewed

The Advocate of the person in concern had challenged two office memorandums issued by PEC limited that declined his client’s passport renewal request. The report that the PEC as well as the passport office submitted for denial was under the Section (6) (2) (f) of the 1967 Passports Act. It states that the passport office can deny the renewal of passport to the applicant who is under-going court proceedings before a criminal court of India. The PEC limited counsel further contented on the order of the special judge which was conditional and did permit passport issuance only if it is allowed under the relevant passport rules.

The court noted that the PEC did not bring forth any other other rule other than Section (6)(2)(f) and 10 of Act that would prevent the applicant from getting his passport renewed and that the criminal court in concern did approve his passport renewal.

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Justice Bakhru further added “The reliance on Section 10 of the Act is ex facie misplaced, since it pertains only to impounding and revocation of passports and travel documents”. The court directed that if the petitioner submits an application for passport renewal, it would be processed for a period of two years but there is this condition where the petition submits an undertaking to respondent no 5 that he would appear before the court whenever required during the issued passports continuance.

*Sourced from the Internet

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Black Robes For Advocates – A Sneak Peak Into The History

The dress code for advocates, lawyers and judges across the world is a combination of Black and White except for some. Black color has two sides both positive and negative implications.

Black Robes For Advocates

During the medieval era, the judges wore two colors, green and violet, in summer and winter respectively. But, the summer robes slowly vanished making way for black and violet robes. This history of black robes dates back over centuries to the age of Edward III in 1327. The legal system during that times included the Judges, sergeants, students, benchers, pleaders and Barristers. While the Sergeants practiced from St. Paul’s and wore the coiffure wig on heads, the Judges wore English Judicial costumes. The costumes of the English Judiciary are known to be in existence for over six centuries. In the year 1340, the legal profession in England was divided but even after the public opposed the length of the robes, but Lawyers decided against public and went ahead with long robes.

The Indian legal system influenced by the British, obviously so, made it compulsory for the lawyers to wear a Black coat or Robe alongside a white neck band on top of it in the year 1961 through the advocates act. As per the Section (49) (gg) of this act advocates need to wear the black robe irrespective of their seniority.

Black robe has a lot of significance in the legal field. It is an epitome of discipline as well as renders a sense of seriousness to the identity of Advocates. Even the white neck band also has a significance and has two strips of white cloth joined to make one band that signifies ‘Tablets of Stone’ or ‘Tablets of the Laws’. These tables also have a meaning. They are known to have been uses by Moses who received them on Mt Sinai from a burning bush and inscribed the Ten Commandments. They are also known to depict the upholding of laws of God as well as men.

The Indian as we all know has a great influence of the British as they ruled us for over 200 years. The Indian legal system also continues to follow the same black robe with white neckband on the top standard.

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*Sourced from the Internet