New Delhi, June 4 (UNI) A Delhi Special Court on Wednesday granted permission for the renewal of passport of former Delhi Chief Minister Arvind Kejriwal, an accused in the Delhi excise policy case.
Special Judge for MPs/MLAs cases Dig Vinay Singh after the hearing said, "The application by Arvind Kejriwal for renewal of his Passport is allowed, and this Court has 'no objection' if the Passport no. P 9686868 of the applicant, namely, Arvind Kejriwal is renewed for 10 years as per rules."
The court said, "These are two different applications preferred by the accused Arvind Kejriwal in the above-mentioned two matters, separately, seeking 'no objection' for renewal of his Passport for
another 10 years. The Passport is stated to have already expired and as per rules of the Passport authorities without there being a 'no objection' granted by the Court where criminal trial is pending, a
Passport cannot be renewed."
CBI opposed the request of Kejriwal by filing a formal reply, the Directorate of Enforcement has not given any formal reply, but had made only oral submissions to the effect that the renewal of Passport be not granted for a full 10 years.
It is submitted on behalf of CBI that the norms followed in different Courts of CBI relating to such matters is that the renewal permission is granted for five years, it said.
Counsel for Kejriwal submitted before the court that the renewal permission be granted for full 10 years as the applicant in any case has to seek permission to travel abroad, which he shall seek as and when he requires to travel abroad.
"Presently, the applicant is not seeking any permission to travel abroad, obviously as he may not be planning to travel abroad in the immediate near future, but that too cannot come in the way of granting permission to the applicant for renewal of the Passport for complete 10 years. After all the bail conditions already prescribes that the applicant shall not travel abroad without formal permission of Court," the court said.
"In such circumstances, the applications preferred by Arvind Kejriwal for renewal of his Passport is allowed.., " the court said.
The court further said, "It is however made clear that the order of this Court shall not in any manner fetter the discretion of the Passport authorities in grant or refusal of the renewal of Passport under the Indian Passports Act and the relevant rules. The 'no objection' granted vide this order shall remain in force for a period of three months from today within which the applicant may get his Passport renewed. It goes without saying that the present order is not granting any permission to the applicant to travel abroad and if he ever desires to travel abroad for any purpose, he shall have to file appropriate application seeking such a permission."
The Special Court had earlier issued notice to the Enforcement Directorate and Central Bureau of Investigation on the application of Kejriwal, who sought a no objection certificate (NOC) for renewal of his passport.
Counsel for Kejriwal earlier submitted before the court that his passport has expired in 2018 and he has moved the application seeking its renewal for 10 years.
In this matter the corruption case linked to the now-scrapped Delhi Excise Policy 2021-22 is being investigated by the CBI, and money laundering case registered under the provisions of Prevention of Money Laundering Act(PMLA) is being investigated by the ED.
Central Bureau of Investigation registered the First Information Report (FIR) under section 120B of Indian Penal Code (IPC) read with Sections 7, 7A & 8 of the Prevention of Corruption Act (PC Act),1988, while the Enforcement Directorate registered Enforcement case Information Report (ECIR) under section 3&4 of the Prevention of Money Laundering Act(PMLA).
CBI and the ED alleged that irregularities were committed while modifying the Excise Policy and undue favours were extended to the licence holders in this case.
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