Hi there, I am NRI and facing trial of 498A in Rajasthan. This week I got permission to travel overseas for employment with some conditions like security deposit and bond which I have fulfilled. The opposite party has gone to Supreme Court for SLP (criminal) against the order. 1.What is the procedure and how much time generally it takes? 2. I am thinking of flying before the listing date. I have a LOC in immigration, can immigration allow me to fly with the permission order of high court(certified)? 3. What are chances of stay/cancelling the high court order at Supreme Court? Thanks
1) SC wont cancel the HC order permitting you to travel abroad for work purposes
2)the reason being 498A cases take around 10 years to be disposed of
3)accused work cannot be allowed to suffer merely because 498A case is pending
4) on the basis of certified copy of order passed by HC you would be permitted to travel abroad
5) as on date there is no stay granted by SC . you are free to travel abroad . merely because appeal is pending does not mean you cannot go abroad
1.SLP will not take much time to be disposed of by the Apex Court,
2. It is a prudent decision to go to your place of employment before the case is listed before the Supreme Court. There will be no problem from the immigration authorities in this regard since you have been allowed by the Court to leave the Country after complying with certain conditions which you have complied with,
3. There is hardly any chance of cancellation of the High Court order by the Supreme Court.
Thanks a lot for your reply. Just an additional query. Is there any issues with the validation of High court order at the immigration? I'll take certified copies of the order but in case immigration questions the validity of the order what remedy do I have. The order is not available online yet, it's states pending on the high court website. Thanks a lot
1) certified copy of the HC order is sufficient
2) certified copy always bears the seal of the HC
3) it does not need any further validation
1. What validity of order you are talking about?
2. Any Court order is valid till it is set aside by further order issued by its higher Court,
3. The order from the Supreme Court is not available since there is no order passed by it till date setting aside the high Court order.
1.What is the procedure and how much time generally it takes?
If the matter has been taken on file, it may be disposed by the court (supreme) in one or two sittings itself.
2. I am thinking of flying before the listing date. I have a LOC in immigration, can immigration allow me to fly with the permission order of high court(certified)?
If the LOC is in force then it will be difficult for you to travel abroad hover yo can show the permission letter issued by the lower court.
3. What are chances of stay/cancelling the high court order at Supreme Court?
It depends on the merits in your side.
1. Unless the SC stays or overrules the order of HC the latter will operate with full vigour.
2. The stay may be ordered on the listing date itself, whereas the disposal may take 6-7 months.
3. The immigration is bound to honour the HC order unless a stay has been ordered thereon by the SC.
4. The chances depend on the peculiar facts and circumstances of the case. So this cannot be answered here.
A certified copy of the HC order is all that is required. No authority in India can refuse to obey a court order. Immigration authorities will be guilty of contempt of court of they do not obey the HC.