Inderjit Kaur Markand Vs Union of India and Others — Punjab & Haryana HC (2026) — LawSathi Research

Inderjit Kaur Markand Vs Union of India and Others — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to approach the concerned Indian Embassy/Consulate General/High Commission in Canada within three weeks for issuance of an Emergency Certificate to return to India and join the proceedings arising out of FIR No.134 dated 14.05.2011; the concerned/competent authority to consider and decide the request within fifteen working days of submission; upon her return to India and joining of the proceedings, liberty to apply for renewal of her passport, to be considered and decided by the passport authorities in accordance with law, on its own merits, within eight weeks of submission; all pending applications, if any, closed.

Issue for consideration

Whether the petitioner, whose counsel did not intend to press the writ petition, could be permitted to withdraw it and instead seek issuance of an Emergency Certificate enabling her return to India to participate in the proceedings arising out of FIR No.134 dated 14.05.2011, with time-bound directions for consideration of such request. +1 more

Court's answer

The writ petition was disposed of with a direction to the petitioner to approach the concerned Indian Embassy/Consulate General/High Commission in Canada with a request for issuance of an Emergency Certificate, so as to enable her to return to India and join the proceedings arising out of FIR No.134 dated 14.05.2011.

Ratio / Principle

The petitioner was to submit the Emergency Certificate request within a period of three weeks from the date of the order.

Key takeaways

If the petitioner submitted the request within three weeks, the concerned/competent authority was to consider and decide it within fifteen working days from the date of submission.ratio¶6
In case the petitioner returned to India and joined the proceedings arising out of the FIR before the Court(s) concerned, she would be at liberty to apply for renewal of her passport.ratio¶7

Detailed headnote1 paragraphs

High Court, Chandigarh: The writ petition was disposed of after learned counsel for the petitioner submitted that he did not intend to press it. The petitioner, who wished to return from Canada to India to join the proceedings arising out of FIR No.134 dated 14.05.2011, was granted liberty to approach the concerned Indian Embassy/Consulate General/High Commission in Canada with a request for issuance of an Emergency Certificate within three weeks; the concerned/competent authority was to consider and decide such request within fifteen working days from the date of submission. It was further clarified that if the petitioner returned to India and joined the proceedings before the Court(s) concerned, she would be at liberty to apply for renewal of her passport, which the passport authorities were to consider and decide in accordance with law, on its own merits, within eight weeks from the date of submission. All pending application(s), if any, were ordered to stand closed.

APURVA 2026.03.24 17:33 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

Learned counsel for the petitioner, after arguing for some time, submits that he does not intend to press the present writ petition. However, he prays that liberty be granted to the petitioner to approach the competent authority for issuance of an Emergency Certificate, so as to enable her to return to India and participate in the proceedings arising out of FIR No.134 dated 14.05.2011. It is further prayed that time bound directions be issued to the concerned authority to consider the petitioner’s request for issuance of the Emergency Certificate.

Learned counsel for respondents No.1 and 2 does not oppose the aforesaid course of action being adopted by the petitioner. 5. Keeping in view the aforesaid submissions made by learned counsel for the respective parties, the present writ petition is disposed of with a direction to the petitioner to approach the concerned Indian Embassy/Consulate General/High Commission in Canada with a request for issuance of an Emergency Certificate within a period of three weeks from today, so as to enable her to return to India and join the proceedings arising out of FIR No.134 dated 14.05.2011 before the competent Court(s) in India.

In case the petitioner submits such a request within a period of three weeks from today, the same shall be considered and decided by the concerned/competent authority within a period of fifteen working days from the date of submission of such request.

It is further clarified that in case the petitioner returns to India and joins the proceedings arising out of the aforesaid FIR before the Court(s) concerned, then she shall be at liberty to apply for renewal of her passport. Upon submission of such an application after her return to India, the passport authorities shall consider and decide the same, in accordance with

APURVA 2026.03.24 17:33 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

law and on its own merits, within a period of eight weeks from the date of submission of such application.

The present writ petition is disposed of in the aforestated terms.

All the pending application(s), if any, shall also stand closed.

APURVA 2026.03.24 17:33 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh