A division bench of Justices P V Hardas and A S Gadkari directed the authorities to file their affidavits within a week.
Kaskar was refused fresh passport on the ground that the appeal against him in the 'Sara-Sahara' land grabbing case was pending before the high court. A lower court had acquitted Kaskar in the case, following which the state government had appealed in the high court.
Kaskar's application seeking issuance of fresh passport was rejected also on the ground that he may travel abroad to aide his brother in terrorist activities.
"We told the court that once a fresh passport is issued, Kaskar would surrender it to the local police and seek the court's permission to travel abroad. He (Kaskar) wants to go on Umrah (pilgrim to Mecca)," Kaskar's advocates Ayaz Khan and Zehra Charania said.
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