The Kerala High Court, in a landmark judgment (Crl. MC No. 9520 of 2024), emphasized the need for a liberal approach for NOC for passport issuance in cases involving matrimonial disputes or minor offenses.
Hon’ble Justice A. Badharudeen delivered the ruling, highlighting the balance between ensuring the accused’s fundamental rights and maintaining the integrity of the trial.
The Case at a Glance
The petitioner, Ismail Valumathige, sought an No Objection Certificates (NOC) to reapply for his passport, essential for his employment abroad as a bosun. His passport had been seized, and his earlier application was rejected for allegedly suppressing the existence of a pending criminal case. The accusations arose from a complaint filed by his brother’s wife, leading to charges under Sections 498A, 354B, and 376 of the IPC.
The High Court noted that the case had been pending for over five years, causing undue hardship to the petitioner, who required a passport to support his livelihood.
Key Observations from the Judgment
Protecting the Right to Life:
The Court linked the ability to travel and secure employment abroad with the fundamental right to life under Article 21. “When matrimonial dispute is the base wherefrom the criminal case arose, the court shall be so liberal in the matter of issuance of No Objection Certificate, otherwise the right to go abroad to do some employment therein without obstructing the trial would be in peril.”
Expedited Trial:
Justice Badharudeen directed the trial court to dispose of the pending case within three months, emphasizing the importance of resolving such disputes swiftly.
Seriousness of Offenses Considered:
The Court differentiated matrimonial disputes from heinous crimes like murder or rape, advising a cautious approach only in the latter.
“In cases arising out of matrimonial disputes and trivial offenses, even if some omissions on the part of the accused are found, that shall not stand in the way of issuing No Objection Certificate…to ensure the right to life of the accused.”
Balancing Justice and Freedom:
While allowing the issuance of a new passport, the Court directed the petitioner to cooperate fully with the investigation and avoid stalling the trial.
The Court Verdict
The High Court granted the petitioner’s plea, ordering the Regional Passport Office to reconsider his application within one month and issue a new passport. The judgment also set aside the Sessions Court’s earlier rejection of the NOC.
This judgment reinforces the judiciary’s role in safeguarding individual rights while ensuring judicial processes are not compromised. For men facing similar legal and societal challenges, the ruling offers a ray of hope and highlights the importance of judicial sensitivity in matrimonial cases.