Maidul Islam Mystree And ANR v. Union Of India And ORS

OD-3 ORDER SHEET WPO No.135 of 2025

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE

IN THE MATTER OF:

MAIDUL ISLAM MYSTREE & ANR.

VS.

UNION OF INDIA & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date : 26th February, 2025.

Appearance:

Mr. Shahan Shah, Adv.

Mr. Soumen Barman, Adv.

Mr. Sk. Abumusa, Adv.

Mr. U. Khan, Adv.

Mr. Md. Shahjahan, Adv.

...for Petitioners.

Mr. Asok Kumar Chakraborti, Ld. Addl. SGI.

Mr. Kumar Jyoti Tewari, Sr. Adv.

Mr. Arijit Majumdar, Adv.

...for UoI.

1.

The petitioners intend to travel abroad for Haj purpose. As criminal case is pending against them, the passport is not being issued in their favour. The petitioners were able to obtain order of no objection from the learned Trial Court where the criminal cases are pending if the passport authority issues passport to the petitioners provided they satisfy the other requirements for issuance of the passport.

2.

Deputy Passport Officer, Regional Passport Office, Kolkata vide communication dated 15th January, 2025 directed the petitioners to take steps in terms of the Gazette Notification being G.S.R. 570(E) dated 25th

August, 1993 published by the Ministry of External Affairs, Government of India.

3.

The applicants are required to obtain an order from the learned Court below permitting them to depart India.

4.

It will be open for the petitioners to obtain necessary order from the learned Trial Court in terms of the aforesaid notification. 5.

The writ petition stands disposed of.

6.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all legal formalities. (AMRITA SINHA, J.) nm