Prayagraj, 04 June: The Allahabad High Court has ordered removal of the condition of an Urdu scholar Mirza Shafiq Hussain Shafaq in his interim bail to submit his passport in connection with a matrimonial dispute before the SSP/SP.
Terming such a condition in bail as “hard” Justice Siddhartha said that such a condition violates the fundamental right to travel abroad.
The High Court, citing the decision of the Punjab and Haryana High Court in Captain Anila Bhatia Vs State of Haryana case in such a case, ordered that the condition of surrender of passport be removed.
In the Captain Anila Bhatia case, the court had made important observations regarding confiscation of passport as a condition of bail. The Court observed that โthe criminal courts have to be extremely careful in imposing such a condition. In every case where an accused is in possession of a passport, there cannot be a mechanical condition for his surrender. The law presumes an accused to be innocent until he is declared guilty. As an innocent person, he is entitled to all the fundamental rights guaranteed under the Constitution.
The High Court said that while ordering release on bail, the court has to consider the possibility of failure of the process of justice, and the law as well as the personal right of the accused. The court will have to decide whether it is necessary in the interest of justice that despite the personal liberty of the accused, his right of movement should be restricted during the pendency of the case by surrendering his passport.”
The court took note of the arguments of the counsel for the applicant Urdu scholar Mirza Shafiq Hussain Shafaq and, in view of the material on record, vacated the condition of the application for submission of passport.
The Court further observed that โthe authority to whom the applicant has deposited his passport shall issue the same and the applicant shall submit one supported by his affidavit with proof that he still needs to go abroad at some future date. And if the passport is given to him, he will not abuse the liberty given to him and will appear before the trial court as and when necessary.”
The petitioner in his application had prayed for amendment in the condition of surrender of passport given for bail in the January 2021 order of the High Court.
He said that he is a lecturer in a government college and is also a renowned Urdu scholar/writer and speaker, participating in national and international level seminars. He is also the author and translator of several books and has received an invitation to release a book in Kuwait, for which he has to travel abroad. Therefore, he had sought exemption from submission of passport.
While granting him interim bail in connection with a matrimonial dispute, he had sought a direction to the concerned authority to re-hand over his passport, deposited in pursuance of the High Court order, to him.
