Navigating Passport Renewal with a Pending Criminal Case

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A pending criminal case can be a daunting obstacle in the passport renewal process, but it doesn't have to put your travel plans on hold. 

"The world is a book, and those who do not travel read only one page." - Saint Augustine

In India, the Passport Act of 1967 gives the government the authority to deny, impound or revoke a passport if it is in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public. It has been seen that in certain cases, the government has denied renewal or issuance of passports to individuals having pending criminal cases.

A Bombay High Court judgement in the case of Nijal Navin Shah vs. State of Maharastra (Criminal Application No. 1193 of 2022) has clarified that an individual with pending criminal cases can renew their passport, subject to checks and scrutiny for eligibility required under the provisions of Passport Act.

Considering the present case of the applicant Nijal Shah has a pending criminal case under Section 406 (criminal breach of trust), Section 420 (cheating & dishonesty), and Section 120(b) read with 34 (criminal conspiracy) of the Indian Penal Code, 1860 against him. He needed to renew his passport but the application was rejected basis the investigation is pending; one of the accused is absconding and there are chances of tampering with evidence.

But with this court ruling, Nijal will be able to renew his passport as he abided by all the conditions laid down by the Session judge at the time of pre-arrest bail and travelled to the USA during the investigation. He has an immoveable property in Mumbai and his son is working in Melbourne, Australia. There is no material on record to show that the applicant carries flight risk. This ruling protects the applicant’s constitutional right to travel (freedom of movement).

In short, the recent court judgement in India has opened the door for individuals with pending criminal cases to renew their passports and explore the world. It is recommended to consult an advocate for guidance and be prepared with the required documents to support the application.

Nominee or Legal Heir: Who Gets The Cooperative Housing Society Flat?

Death is certain and so are the testamentary formalities after death. The Bombay High Court spelled out the legal provisions of a nominee and a legal heir in the matter between the sole nominee/legal heir who claimed a 100% ownership share in a flat in Mumbai and the other two legal heirs of the deceased.

A very interesting case where the deceased (for simplicity's sake let’s name him “MK”) was the owner of a flat in a cooperative housing society in Mumbai. During his lifetime, MK had registered a nomination in his grandson's name (“VK”). The entry of nomination was recorded in the society register. The owner MK died intestate (without a will) leaving behind his two sons (“RK and KK”) and grandson VK whose father was the predeceased son of owner MK. 

The son RK took a no objection cum declaration from his brother KK after their father MK’s demise, and in this way, he claimed a 2/3rd share and interest in the flat and sought transfer of a proportionate interest in the flat and claimed of the housing society. His application was rejected by the society based on the Hon’ble Apex Court judgement in the case of Indrani Wahi Vs. Registrar of Cooperative Societies (Civil Appeal 4930/2006) held that the Cooperative Society is bound by a valid nomination; however, it does not mean that nominee becomes the property owner, but that he holds the property in trust for the legal heirs.

 

Now, let’s look at the provisions of the applicable law- Maharashtra Cooperative Societies (Amendment )Act, 2019 (MCS Amendment Act) duly considered by the Bombay High Court in the case at hand, Karan Vishnu Khandelwal v. Honourable Chairman/Secretary Vaikunth (Andheri) Co-operative Housing Society Ltd. & Ors (Writ Petition No. 12468 of 2022 dated 10 November 2022). Section 154-13 of Chapter XXIII-B which came into effect on 9th March 2019 is plain and easy and as such needs no interpretation.

The Court directed the Society to transfer the flat to the grandson VK in his capacity as nominee and admit him as a provisional member till the time RK was able to obtain a succession certificate or legal heirship certificate or testamentary document, as the case may be. A nominee is a trustee who cannot acquire ownership rights in a cooperative housing society flat by nomination.