IMPORTANT POINT
The right to travel is a fundamental right, and pending criminal cases cannot automatically bar passport renewal if the application is otherwise valid.

ORDER :

1. This writ petition is filed claiming the following relief:

“…to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus to declare the action of Respondent No.3 Regional Passport Officer, Visakhapatnam in not renewing the passport of the petitioner passport bearing No. K2598547 pursuant to the petitioner application vide File No. VJ107442333794453 as illegal, arbitrary and contrary to the law laid down by the Hon’ble Apex Court, other High Courts and violative of Articles 14 and 19 of the Constitution of India and Consequently to direct Respondent No.3/Regional Passport Officer to renew the passport of the petitioner, without reference to pendency of the calendar cases or criminal cases before various courts, and Pass…”

2. The case of the petitioner is as follows:

3. The petitioner herein was holding a valid Passport bearing No.K2598547 issued on 24.05.2012 which is valid up to 23.05.2022. After expiry of the passport, the petitioner filed an application for renewal of the passport to the Respondent Authorities vide Application No.VJ107442333794453, dated 21.07.2022. Then, Respondent No.3 vide letter in Ref.No.SCN/314052315/23, dated 06.01.2023 sought clarification from the petitioner for issuing the renewal passport on the ground that adverse police report has been received on investigation, as the petitioner was involved in a criminal proceedings vide Crime No.56 of 2019 under Sections 147, 148, 447, 324 read with 149 IPC on the file of Nandalur Police Station, Y.S.R. Kadapa District.

4. Learned counsel for the petitioner further submits that the right to travel is indeed a fundamental right and it cannot be deprived off under Article 21 of the Constitution of India.

5. On the other hand, learned counsel for the Respondents submits that as per the Ministry’s GSR 570(E) Notification dated 25.08.1993, when a criminal case is pending against the applicant in any Criminal Court, the applicant has to produce either an Acquittal Order or No Objection Certificate (NOC) from the Court below where case is pending along with GSR570(E) undertaking. Hence, if the Court gives permission to the applicant to travel abroad and directs the Respondent Authorities to issue passport, the Respondents will comply the order in accordance with the GSR 570(E).

6. Having heard the submissions of the respective counsel, in our view, it is appropriate to look into the relevant provisions of the Passport Act, 1967, as extracted herein under:

“Section 6(2):Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub- section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:—

(a) That the applicant is not a citizen of India;

(b) That the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

(h) that the applicant has been repatriated and has not reimbursed the ex