Changing the law interpreted in its three earlier judgments, in which it was held that pendency of a criminal case would not come in the way of renewal or re-issue of regular passport that was already issued, the High Court of Karnataka on Monday said when the law bars issuance of regular passport during pendency of a criminal case, the same yardstick is applicable even for its renewal or re-issuance.
The court has changed its views after noticing that the interpretation of law made in a case between Ashok Khanna vs. CBI by the Delhi High Court, on which the court’s three earlier judgments were based, was restricted by the Supreme Court only for application in the Ashok Khanna’s case in the Delhi High Court while leaving open the question of law.
“In light of the Apex Court [in its 2022 judgment] restricting the findings of the Delhi High Court only to the said respondent [Ashok Khanna], the law declared by the co-ordinate Benches of this court cannot mean that they have become final and would be binding...,” said Justice M. Nagaprasanna in his order.
