IMPORTANT POINT
The court established that the legal restrictions on passport issuance also govern its renewal, particularly in the context of pending criminal proceedings.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. Heard learned counsel for the parties.

2. The issue which has fallen for consideration is whether the rigours applicable to issuance of a passport for the first time apply to renewal of passport after the expiry of the term for which it was initially granted.

3. The petitioner was convicted and sentenced to maximum imprisonment of four years under Sections 120B, 420, 471, 411 and 471 of the Indian Penal Code (IPC) on April 25, 2022 by a Delhi court. An appeal is pending against the same before the High Court at Delhi. By an order dated September 4, 2023, a Learned Single Judge of the Delhi High Court granted no objection/permission for renewal of the petitioner’s passport for a period of ten years upon considering that the order suspending the sentence of the petitioner noted that the petitioner shall not leave the country without the permission of the Court.

4. On the other hand, in a different pending criminal proceeding before the Additional Judicial Commissioner XVI-cum-Special Judge, NIA, Ranchi, the said court by an order dated July 10, 2023 directed the passport of the petitioner to be handed over to the petitioner for the limited purpose of renewal on furnishing the indemnity bond of Rs. 50,000, subject to filing of an undertaking that he will not obtain Visa to travel outside India after renewal of passport without permission of the said court and will deposit the passport to the court’s office immediately after renewal.

5. Learned counsel for the petitioner argues that in view of both the courts having granted permission for renewal, the passport of the petitioner should be renewed for a period of ten years.

6. It is argued that the provisions of Section 6 of the Passports Act, 1967 (hereinafter referred to as “the 1967 Act”) applies only to issuance of passports and not to renewal. Hence, irrespective of Section 6(2)(f) of the 1967 Act, the petitioner’s passport should be renewed for the default period of ten years as stipulated under Rule 12 of the Passport Rules, 1980 (in short “the 1980 Rules”).

7. Controverting such submission, the respondent-authorities argue that the rigours of issuance of passport also apply to a renewal after the expiry of the tenure of passport.

8. In support of his submissions, learned counsel for the petitioner has cited several judgments which are dealt with below.

9. In Ashok Khanna vs. Central Bureau of Investigation, 2019 SCC Online Del 11080, a learned Single Judge of the Delhi High Court observed that Section 6 is not applicable to the case of a renewal. While so holding, the learned Single Judge considered the distinctions between Form EA(P)-1 for new/re-issue/replacement of lost/damaged passports, which contains a declaration by the applicant whether any criminal case is pending and furnishing of No Objection Certificate from the competent court, and Form EA(P)-2, which applies to renewal of passport, containing a clause for disclosure of whether any criminal case is pending but without the requirement of furnishing a No Objection Certificate from the criminal court.

10. On such premise, the court went on to hold that since there is separate provision for renewal of passport, Section 6 is not applicable. The same view was followed by a learned Single Judge of the Karnataka High Court in Krishna Chiranjeevi Rao Palukuri Venkata vs. Union of India, Ministry of External Affairs, Represented by its Principal Secretary and Others, 2020 SCC Online Kar 3437.

11. A contra view, however, was taken by the learned Single Judge of the Andhra Pradesh High Court in Kadar Valli Shaik v. Union of India, Rep. By its Secretary, New Delhi and Others, 2023 SCC Online AP 406. The said learned Single Judge read section 5 of the 1967 Act along with Rule 5 and the Forms in Schedule-III to observe that it is evident that renewal of passport is also covered under Section 5 of the Act and issue as well as renewal of passport shall be subject to the other provisions of the Act