Go to special court for return of passport: HC to Gutka baron

MUMBAI: The Bombay high court on Thursday directed gutka baron Jagdish Joshi an accused in a criminal case filed under a law meant to curb organised crime, to approach the special trial court for return of his passport which was impounded in 2007. The trial court must decide such a plea within two weeks after its made, Justice M L Tahaliyani ordered.

Joshi is an accused in a case filed in 2005 under the Maharashtra Control of organised Crime Act (MCOCA) and says he hasn't travelled abroad for nearly a decade, and suffered a Rs 100 crore business loss because of it. His appeal questioning his prosecution despite a lack of prior sanction is pending in the Supreme Court. Eminent counsel KTS Tulsi from Delhi who appeared for Joshi, said the businessman's right to trade and travel can't be curtailed by keeping his passport impounded indefinitely. He cited a leading SC judgment in support. But the CBI counsel opposed the plea saying Joshi could go before the trial court and pointed out that the his matter is pending in the SC.

The HC said that the special MCOCA judge must decide only that limited plea without going into other issues. The 56-year-old Joshi, had moved an application for return of his passport through advocate Omprakash Parihar. He had first moved the HC in 2009 for return of his passport when he challenged a 2007 order of the special court that had directed him to hand it over to the CBI. . But the HC has passed no orders yet and hence he said it must either grant him his passport for use during the pendency of the petition or decide the matter finally soon.

"Joshi is deprived of his freedom of movement under Article 21 of Constitution of India,'' his application said. It said right to travel abroad is part of personal liberty guaranteed under Right to life. His lawyers also said that the SC in a catena of cases had held that neither the courts nor CBI has powers to impound a passport as the impounding of passport is governed only under the Passports Act, 1967.

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