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Can I appeal in higher court for passport revocation
18-Feb-2023 (In Criminal Law)
I am NRI and live in Australia. My passport has been revoked few years ago due to criminal charges against me, because of allegation by my wife (498a/DV). our case is pending in High court and both party have come to agreement to sattle the case as we are ready to pay whatever they requested, however my passport has been expired and High Commission had revoked my passport as well and they are not willing to help. High commission knew everything even before it started. Anyway, my question is - can I apply in Supreme Court/High Court to get order to get my passport renewed, it is my basic right to have my passport as I am not a criminal and no one should be to just revoke my passport. Its been more than few years and seems like case won't be finishing very soon in High Court.
As you claim you have settled your matrimonial dispute .You have to get your criminal case quashed.Then you on the basis of That you can apply for restoration of your passport and if the embassy refused then you can knock the doors of Delhi High Court to get the passport restored.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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It can be done by filing various representations before requisite department and ministry. What query and objections the High commission have raised , that needs to be analysed in order to proceed further.
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Adv. Gaurav Rohila
Delhi | 25+ Answers
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Due to criminal charges, the provision is there that the passport can be impounded but it is an enabling provision.
Conviction has not happened and trial is undergoing so the passport should not have been impounded unless there was a court order.
Please confirm if there was any show cause notice issued yo you.
Conviction has not happened and trial is undergoing so the passport should not have been impounded unless there was a court order.
Please confirm if there was any show cause notice issued yo you.
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Adv. Urfee Haider
Delhi | 200+ Answers
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