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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Rahul Jashnani S/o Late Chander Jashnani – Appellant
Versus
Union Of India – Respondent
RDER :
M.NAGAPRASANNA, J.
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to renew the petitioner’s passport for a period of 10 years or alternatively issue a No Objection / clearance intimation to the petitioner to travel to Dubai.
2. Heard Sri P.N.Lakshmi Sagar, learned counsel appearing for the petitioner and Sri Shanthi Bhushan H., learned Deputy Solicitor General of India for the respondents.
3. The petitioner is a holder of an Indian passport and is presently residing in Dubai for business purpose. He gets embroiled in a crime in which the police filed a charge sheet, which is pending in C.C.No.1149/2022 for offences punishable under Sections 406 and 420 of the IPC. The said proceeding is called in question by the petitioner before this Court in Crl.P.No.6024/2023. This Court, by its order dated 25.07.2023, stayed further proceedings before the concerned Court in C.C.No.1149/2022.
4. In the interregnum, the petitioner wanting to get his passport renewed for a period of 10 years, which would be a normal validity passport, submits an application and the same is not taken note of on the score of “a policy remarks”. The policy r
Pending criminal proceedings can bar the renewal of a passport under the Passports Act, necessitating compliance with statutory provisions and court permissions for validity.
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.
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.
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.
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....
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
The pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
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....
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