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VIKRAM NATH, AUGUSTINE GEORGE MASIH
Mahesh Kumar Agarwal – Appellant
Versus
Union of India – Respondent
Applications for renewal or re-issue of an ordinary passport after expiry are governed by Section 5 of the Passports Act, requiring the passport authority to grant or refuse by written order after inquiry, subject to other provisions including refusal grounds under Section 6(2). (!) (!) (!)
Section 6(2)(f) mandates refusal if criminal proceedings are pending before a court in India, but this is subject to exemptions under Section 22. (!) (!) (!)
Under GSR 570(E) notified via Section 22, persons with pending proceedings are exempted from the Section 6(2)(f) bar upon obtaining court permission or no objection, provided they furnish an undertaking to appear before the court as required; passport validity is then tied to the court's specified period or defaults (e.g., 1 year if unspecified, renewable in limited cases). (!) (!)
The OM dated 10.10.2019 directs strict application of GSR 570(E), prioritizing court no-objection over adverse reports, and considering orders from multiple courts together; renewal/re-issue equates to fresh issuance under Sections 5-6. (!) (!)
Even without court-specified travel dates, renewal for the normal 10-year period (per Rule 12) is permissible if courts grant no objection for renewal while retaining control via conditions like prior travel permission and passport deposit, addressing Section 6(2)(f)'s purpose of ensuring amenability to justice. (!) (!) (!) (!) (!)
Refusal despite such judicial permissions is unjustified, as it imposes disproportionate restrictions on Article 21 liberty; passport possession distinct from travel, latter regulated by courts under bail conditions or Section 10 (impound/revocation). (!) (!) (!) (!) (!) (!)
Post-renewal, ordinary 10-year passports remain subject to court orders and Section 10 powers for future impoundment if proceedings evolve or conditions breached. (!) (!) (!) (!)
| Table of Content |
|---|
| 1. liberty and the right to travel under article 21 (Para 2 , 21) |
| 2. statutory framework governing passport issuance and restrictions (Para 4 , 5 , 6 , 16 , 18) |
| 3. judicial discretion in passport matters amid criminal proceedings (Para 8 , 10 , 12 , 13) |
| 4. order for renewal of passport contingent on compliance (Para 29 , 30 , 31) |
JUDGMENT :
VIKRAM NATH, J.
1. Leave granted.
2. Liberty, in our constitutional scheme, is not a gift of the State but its first obligation. The freedom of a citizen to move, to travel, to pursue livelihood and opportunity, subject to law, is an essential part of the guarantee under Article 21 of the Constitution of India. The State may, where statute so provides, regulate or restrain that freedom in the interests of justice, security or public order but such restraint must be narrowly confined to what is necessary, proportionate to the object sought to be achieved, and clearly anchored in law. When procedural safeguards are converted into rigid barriers, or temporary disabilities are allowed to harden into indefinite exclusions, the balance between the power of the State and the dignity of the individual is disturbed, and the promise of the Consti
The Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
Pendency of criminal proceedings bars the re-issuance of a passport under Section 6(2)(f) of the Passports Act, 1967; exceptions are subject to specific court orders.
Pending criminal proceedings do not bar passport renewal; authorities to process per Act, rules, notifications without routine court NOC; ordinarily 10-year validity; travel permission separate from ....
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
Pending criminal proceedings can bar the renewal of a passport under the Passports Act, necessitating compliance with statutory provisions and court permissions for validity.
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