The court ruled that renewal of a passport cannot be denied solely based on a prior conviction under the Prevention of Corruption Act, clarifying that section 6 of the Passport Act does not apply to renewal applications.

JUDGMENT (Oral)

Crl.M.A. 4784/2019 in Crl.A.686/2018

1. Vide the present application, the applicant/appellant seeks directions to Regional Passport Authorities, Delhi for renewal of the passport, subject to compliance of all other rules.

2. The facts of the application are that the applicant is a retired officer from Syndicate Bank, who during the normal course of his duties was part of the disbursal of the credit facilities to M/s Surhit Services Pvt. Ltd. The State Bank of India also granted credit facilities to the said Borrower. After the applicant retired from Syndicate Bank, the said credit facilities were renewed by Syndicate Bank and enhanced in consortium with State Bank of India. However, later the credit facility was classified as NPA due to non-service of the loan installments/interest. During recovery process, the Bank filed a complaint with Central Bureau of Investigation (hereinafter referred to as "CBI") as the same was mandatory. The applicant, amongst other Bank officials, were charged by the CBI after conducting a routine enquiry. The Ld. ASJ, Special Judge CBI, convicted the applicant under Section 13 (1) (d) of the Prevention of Corruption Act, 1988 and handed down sentence of two and a half years and fine of Rs.20,000/-.

3. Learned counsel appearing on behalf of the petitioner submits that the applicant holds a valid Indian Passport bearing No. H4661781, which is due to expire on 01.06.2019. The applicant frequently travels to meet his daughter, who has been residing in USA for the last 13 years. The applicant holds a valid VISA to USA for 10 years which was obtained for visiting his daughter from time to time. The applicant planned to visit his daughter during the last week of February, 2018 and the passport was due to expire on 01.06.2019. Accordingly, the applicant approached the Regional Passport office for its renewal, as he would not be permitted to travel by USA authorities, if the passport expires within six months. For seeking renewal, the applicant, while following the procedure so laid, sought an appointment for verification of his documents on 05.02.2019, however, the applicant was advised by the official that his application will not be entertained unless specific permission is obtained from this Court.

4. It is further submitted that the applicant also visited his daughter at USA on 21.09.2018 and returned back to India on 14.10.2019. The said visit was after the conviction was awarded to the applicant by the Ld. ASJ Spl. Judge, CBI. The applicant is a permanent resident of India and has a respectable family background. He is a law abiding citizen and has no other case/proceedings, of any nature, pending before any other Court/Forum/Tribunal.

5. Learned counsel further submits that vide order dated 03.07.2018, this Court suspended the sentence in Crl.M.(Bail) 1024/2018 during the pendency of the appeal subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Trial Court. Thus, there is no pre-condition imposed by the court not to travel without permission of the court.

6. Learned counsel appearing on behalf of the respondent has opposed the present application by stating that as per section 6 of the Passport Act, 1967, if conviction is more than 2 years, then for renewal of the passport, a permission is required from the court concerned.

7. As per section 6 of the Passport Act, 1967, the passport authority shall refuse to make an endorsement for visiting any country under clause (b) or clause (c) of sub-section (2) of