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How to Handle Passport Delays Due to Pending Court Cases

Question:

My passport application is stuck in police verification because of an 11(c) case under the Women and Child Abuse Prevention Act. What steps can I take to resolve this issue and get my passport?

Answer:

Here are the steps you can take to address the delay and proceed with your passport application:

1. Understand the Reason for Delay:

  • The 11(c) case indicates a legal proceeding under the Women and Child Repression Prevention Act, 2000, which the authorities consider during police verification.
  • Confirm whether the case is ongoing or resolved.

2. Submit Relevant Court Documents:

  • If the case has been resolved, obtain a certified copy of the judgment or dismissal order from the court.
  • Submit this document to the Passport Office and the Police Verification Unit to prove that no legal barriers exist for issuing your passport.

3. File a Petition in Court:

  • If the case is ongoing and causing undue delays, consult a lawyer and file a petition in the relevant court seeking a declaration that the case should not obstruct the issuance of your passport.
  • The court can issue an order directing the passport authority to proceed with your application.

4. Communicate with the Authorities:

  • Visit the Regional Passport Office and the local police station to inquire about the specific requirements to complete the verification process.
  • Provide any additional documents they may request, such as affidavits or character certificates.

5. File a Writ Petition (if necessary):

  • If the authorities refuse to issue your passport without valid grounds, you can file a writ petition in the High Court under Article 102 of the Constitution of Bangladesh.
  • The High Court can issue directives to expedite the process.

6. Consult a Lawyer:

  • Since this involves both criminal and administrative matters, seek advice from an experienced lawyer who can guide you through the process effectively.

7. Alternative Options:

  • If the case is a false allegation or misuse of the law, consider taking steps to challenge the case itself under Section 561A of the Code of Criminal Procedure for quashing baseless proceedings.