‘He has not misused the liberty granted to him’: Delhi HC directs for passport renewal of former MP Vijay Darda who was earlier convicted in the coal block allocation scam case
Justice Swarana Kanta Sharma [02-05-2024]

Read Order: VIJAY DARDA v. CENTRAL BUREAU OF INVESTIGATION [DEL HC- CRL.A. 574/2023]

LE Correspondent

New Delhi, June 17, 2024: The Delhi High Court recently allowed the plea for renewal of the passport of former Member of Parliament Vijay Darda, who was convicted in the coal block allocation scam case last year. The High Court has directed that his passport be renewed for 3 years.

The applicant-Vijay Darda sought appropriate orders and directions from the High Court to the Regional Passport Office for the renewal of his passport for a period of 10 years.

The appellant herein was sentenced to undergo rigorous imprisonment for a period of three years with payment of fine of Rs. 5,00,000 for offence punishable under Sections 120B/420 of Indian Penal Code, 1860 and Section 13(1)(d)(iii) read with Section 13(2) of Prevention of Corruption Act, and in default of payment of fine, to undergo simple imprisonment for three months, and further to undergo rigorous imprisonment for a period of four years with fine of Rs. 10,00,000 for substantive offence punishable under Section 420 of IPC, and in default of payment of fine, to undergo simple imprisonment for three months. All sentences were ordered to run concurrently. The sentence of the appellant was suspended by this Court on 26.09.2023.

It was the case of the appellant that the petitioner is a permanent resident of Nagpur, and he is a frequent traveller who needs to attend professional meetings to develop relations with his clients. It was stated that the appellant has been allowed to travel abroad on several occasions in the past by the Trial Court and he has always complied with the conditions imposed by the Court and has never misused the liberty granted to him.

It was argued that the petitioner herein needs to travel abroad in connection with the graduation ceremony of his grandson. It was also stated that the appellant has deep roots in society being a former Member of Parliament and therefore, necessary direction be issued for renewal of the passport for a period of 10 years

The Single-Judge Bench of Justice Swarana Kanta Sharma took into consideration the fact that the appellant has been granted permission on past many occasions to travel abroad and he has not misused the liberty granted to him. Further, on 26.09.2023, while suspending the sentence of the appellant, the High Court already imposed a condition that the appellant shall not leave the country without prior permission of the concerned Court.

Thus, considering the overall facts & circumstances, the Bench directed that his passport be renewed for a period of three years.