JEDDAH: The Administrative Court in Makkah has declared invalid 500 decisions taken by the Passports Department – including the confiscation of cars used in criminal activities – because the department had not followed proper legal procedures. Okaz/Saudi Gazette has learnt from judicial sources that the cases all took place this year in Jeddah, Makkah and Taif. A further 100 cases are being scrutinized at the moment and is expected to be finalized over the next two months. Some of the cars confiscated belong to citizens and expatriates who had been smuggling overstayers and pilgrims into Makkah. In the beginning, the department impounded the cars but later issued confiscation orders. In its verdict, the court said that the decision against the Passports Department did not mean the court supported criminal activity, but because the department had not followed proper legal procedures. The court stated that the department should have first obtained a binding judicial order or ruling that would have empowered it to confiscate the vehicles. The Passports Department “cannot act on its own” without filing for a legal order to confiscate the cars, said a judicial source. Only the courts have the power to issue such orders, said the source. The source said there are two types of seizure of possessions, both requiring court approval. The first kind is an executive seizure to execute a judicial judgment, and the second is a precautionary order that is usually in the interests of either of the litigants. The source said that other government agencies only acted after getting court approval to confiscate cars or possessions. This includes the Anti-Drug Administration and Public Security agencies.
