Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ.
Pilaji Sursinh Jadhavrao – Appellant
Versus
Regional Passport Office Pune Passport Bhawan – Respondent
JUDGMENT :
Advait M. Sethna, J.
1. Rule returnable forthwith. With consent of the parties, heard finally.
2. This writ petition is filed under Article 226 of the Constitution of India, prays for the following substantive relief :-
“a) This Hon’ble Court, by way of approximate Writ Order or direction, may kindly be pleased to direct Respondents to consider Petitioner’s case for Re-issue of Passport for a period of 10 year;”
3. The petitioner is thus seeking orders from this court for the reissue of his passport for a period of 10 years, which had expired on 23 April2024.
Factual Matrix :-
4. The following are the relevant facts necessary facts for adjudication of this petition.
5. The petitioner is a social worker and a leader of a political party and the respondent is the Regional Passport Office, Pune.
6. On 22 June 2005 a first information report (“FIR” in short) was registered against the petitioner and 52 others under sections 143, 145, 147, 332, 333, 452, 427 of the Indian Penal Code, 1860. The petitioner was granted bail on 30 June 2005 by the Additional Sessions Judge, Pune upon furnishing a bail bond of Rs. 15,000/-.
7. On 28 November 2022, the petitioner filed an application before
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
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.
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 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 renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission per the Passports Act.
An individual has the right to renew a passport even if facing a criminal trial, subject to obtaining permission from the concerned court.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
