(D.Y. Chandrachud, Indu Malhotra and K.M. Joseph, JJ.)
Parvez Noordin Lokhandwalla _____________________ Petitioner;
v.
State of Maharashtra _____________________________ Respondent.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3034/2020, decided on July 13, 2020
(With I.R. and IA No. 60374/2020-Exemption From Filing C/C of the Impugned Judgment and IA No. 60377/2020-Application For Exemption From Filing Original Vakalatnama/Other Document)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3034/2020; LD/VC/IA No. 258/2020; IA No. 60374/2020; and IA No. 60377/2020
The Order of the court was delivered by
Order
1. The High Court of Judicature at Bombay, by its order dated 26 June 2020, declined to list the interim application filed by the petitioner for permission to visit the US for a period of eight weeks to comply with the condition of holding a Green Card. The impugned order of the High Court was passed on a praecipe dated 19 June 2020 for urgent listing since the interim application filed by the petitioner is pending before the High Court.
2. Mr. Subhash Jha, learned counsel appearing on behalf of the petitioner, submitted that in the event that the petitioner is unable to arrive in the US by 29 July 2020, he will not be in a position to retain his Green Card as he is required to return to the US within 180 days of his departure and his status will then be that of an alien seeking entry into the US.
3. Since the interim application which has been filed by the petitioner is pending before the High Court, we request the High Court to take it up at an early date having regard to the timeline which has been set out in the submissions which have been recorded above. We clarify that since the interim application is still pending before the High Court, we have not expressed any view on the merits of the matter. The observations contained in the order declining to entertain the praecipe shall not come in the way of the disposal of the interim application. The Special Leave Petition is accordingly disposed of.
4. The Registry of the Bombay High Court may obtain, if required, administrative directions of the Hon’ble Chief Justice for the assignment of the interim application.
5. Pending applications stand disposed of.
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