Thread by @lawbarandbench

#MadrasHighCourt hearing in petition by filmmaker @LeenaManimekali challenging move to impound passport by Passport Authority citing a pending defamation case filed against her by Susi Ganeshan after Leena Manimekalai levelled sexual harassment allegations against him.

Adv Infant Dinesh for Passport Authority tells Court that Passport Authority exercised its own jurisdiction under Section 10 (3) of Passports Act to impound the passport, not Section 104, CrPC.

#MadrasHighCourt

Adv Dinesh: We got an adverse report from police that criminal proceedings are pending ...

Justice Mahadevan (orally): Release the passport forthwith. See, personal scores cannot be taken on these lines before statutory authorities

@LeenaManimekali #MadrasHighCourt

Court: This is a matter regarding some defamatory allegations. What way the authority is concerned with this? Let them adjudicate (the case) … it infringes the right of a person to travel. What for are you impounding? Is there an economic crime committed?

#MadrasHighCourt

Passport authority is not concerned with the seriousness of the crime, only that such a case was pending, Dinesh says.

But passport authority is empowered to take a decision on their own, Judge remarks

#MadrasHighCourt

#MadrasHC: Private parties can work out remedies before court of law. Life long person is not going to stay abroad. If an undertaking is given that they will come back as and when required, that is enough.

Court suggests it can direct @LeenaManimekali to file such an undertaking

Lawyer for Susi Ganesan (impleading party) disputes maintainability of the petition

Court: It is a well-settled principle that pendency of criminal case is not bar for issuing passport.

#MadrasHighCourt

#MadrasHighCourt: There can't be an impediment for passport authority to release passport unless otherwise provided. Suppose it's an economic offense.. here it's a dispute between 2 individuals, it can be sorted out, a person’s right cannot be touched upon by passport authority.

#MadrasHighCourt suggests: Ask both of them (Manimekalai and Ganesan) to appear before me, I will sort out in 1 hour.

Lawyer for Susi Ganesan: I am also agreeable to this

Counsel for Manimekalai: This lady is also losing her life, she was given a full scholarship to York Uni

#MadrasHighCourt asks Leena Manimekalai and Susi Ganesan to appear before the Court on Monday, November 1 around 1 pm, before it is likely to dispose of petition by @LeenaManimekali challenging the impoundment of her Passport citing the defamation case filed by Ganeshan.