The bench 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. This decision was delivered by the division bench of Justice G S Kulkarni and Advait Sharma so that he can travel to Canada for studies.
Representation pic
In a recently passed order by the honourable High Court. The bench 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. This decision was delivered by the division bench of Justice G S Kulkarni and Advait Sharma so that he can travel to Canada for studies.
As reported by PTI, 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.
While adressing the matter, in the present case, the Malad police in April, 2025 issued a negative report on the ground that a criminal case (of stalking) was pending against the man.
The man who has been preparing to go to a foreign country for study purpose moved the HC against Malad police's negative report. The man challenged the negative certificate issued by the police to the passport authorities. While appealing for justice at the division bench of Bombay High Court 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.
The petition also stated that a solitary bench of the HC in April granted the man permission to travel abroad for the duration of the course in which he has been admitted.
After hearing the matter, the Bombay High Court stated that the police were unable to issue a negative report when a directive was issued by the magistrate in November 2024, allowing for the renewal of the passport.
The bench stated that none of the authorities were responsible for the man's lack of authorisation and/or entitlement to travel abroad.
"If this is the case, it is evident that such travel cannot continue to be a mere formality," the HC stated.
The court observed that the man's current passport is valid until 2026 and that the Canadian government has already issued him a visa.
"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.
The bench then said that this proof report should be sent to the passport office so that a final police clearance certificate could be issued to the man.
In 2017, an FIR was filed against the guy in Malad for stalking, criminal intimidation, and using words or actions that made a woman feel dirty. The magistrate's court is still hearing the case. In his plea, the guy said that he wanted to pursue a Chartered Accountant course for which he applied for the visa for Canada that had already been accepted.
In the past year, the man went to the magistrate's court and asked for permission to renew his passport and for the cops to give him a clearance certificate.
Lawyer D. P. Singh, who was representing the passport authority, told the court that the department would not give a clearance certificate until they got a satisfactory report from the police station.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
