'Trials In Our Country Take Ages To Complete': Kerala High Court Frames Guidelines For Issuing Passports To Accused In Criminal Cases

In a significant ruling, the Kerala High Court on Thursday drew up a set of guidelines to be considered by criminal courts while granting permission for the issuance of passports to individuals involved in criminal proceedings.Justice Bechu Kurian Thomas while disposing of a petition filed by a man who was awaiting issuance of a new passport for the past 5 years, observed:"The grant of. In a significant ruling, the Kerala High Court on Thursday drew up a set of guidelines to be considered by criminal courts while granting permission for the issuance of passports to individuals involved in criminal proceedings. Justice Bechu Kurian Thomas while disposing of a petition filed by a man who was awaiting issuance of a new passport for the past 5 years, observed: "The grant of permission by the Magistrate enabling an accused to travel abroad will be of great significance, especially since it will be a process of balancing the fundamental right of a citizen to travel abroad and the need to ensure the presence of the accused during trial." Guidelines: The following are the criteria that decide if an individual should be issued with a passport while being involved in criminal proceedings: The stage of the criminal proceeding and the duration of time within which the trial may take place; The criminal antecedents and past conduct of the accused; The nature and gravity of the crime; offences under Statutes dealing with acts of terrorism and acts of smuggling should require a different consideration; In heinous crimes, if the court decides to grant permission,the period for which permission is granted can be limited; Chances of the accused fleeing or evading the trial in the case; Mode in which the presence of the accused can be ensured during trial, including stipulating conditions like providing the address/ change of address in the country of residence abroad, either with the Indian Consulate at the country of residence abroad or with the Court where the trial is pending; Since in cases where time is not fixed by the Magistrate while granting permission, the passport authorities are issuing passports only for one year, the period for which the accused can be permitted to travel can also be fixed by the Magistrate, while granting permission.