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 limitations of passport authorities under Section 6(2)(f) and GSR 570(E).

JUDGMENT :

SACHIN DATTA, J.

1. These petitions involve a common issue viz., issuance of passports to persons facing ongoing criminal proceedings.

W.P.(C) 6612/2025

2. The petitioner is challenging the order dated 27.02.2025 passed by the respondent, whereby the petitioner’s request for renewal of his passport was rejected. The rejection is founded on the basis that, in the absence of an order from the competent court specifically permitting the petitioner to ‘depart from India’, his renewal application could not be considered. Order dated 27.02.2025 is reproduced as under –

“In reference to your passport application number DLF070662575025 wherein you have submitted the orders dated 03.02.2025 passed by the Ld. Court of Link Judicial Magistrate First Class 01, Patiala House Courts, New Delhi in connection with File No. 574/CE/159/2019/INV/21442 and Complaint Case No. 9545/2020, this office has perused the same and found that the Hon'ble Court has given No Objection if passport is renewed as per rules for the full term of 10 years.

2. It is submitted that in view of Section 6 (2)(1) of the PASSPORT ACT , 1967, the Passport Authority is empowered to refuse the issuance of a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on the ground that proceedings related to an offense alleged to have been committed by the applicant are pending before a criminal court in India.

3. It is further submitted that Government of India vide gazette notification no. GSR 570 dated 25.08.1993 have granted relief/exemptions to the applicants against whom criminal proceedings are pending before any court of law in India and who produces orders from the court concerned permitting them for departing from India.

4. It is further submitted that vide OM dated 6th December, 2024 issued by PSP Division, M/o External affairs, has clarified inter-alia that there is no such provision for seeking permission/ NOC from the court concerned for issuance of passport; instead it is permission to depart from India.

5. It is further submitted that the Hon'ble High Court of Punjab & Haryana while disposing the civil writ petition no. 1036/2025 title "Baldev Vs UOI & Anr" has held the applicability of abovesaid GSR and inter-alia directed the petitioner therein to approach the concerned Court where the trial is pending in order to seek permission to depart from India and further submit the same to the Passport Authorities. Similarly, in CWP/915/2025 title "Rohtas Vs UOI & Anr" & CWP/3521/2025 title "Surinder Singh Vs UOI & Anr" the Hon'ble High Court of Punjab & Haryana directed the petitioner to approach the concerned court for seeking permission for going abroad in terms of notification dated 25.08.1993 issued by Ministry of External Affairs.

6. It is further submitted that the Hon'ble High Court of Calcutta while disposing WPO No. 353/2024 title "Aditya Sarda Vs RPO & Anr" has inter-alia mentioned that "Sub-Clauses (d) and (e) of Article 19(1) are subject to Article 19(5) which provides that nothing in the said sub- clauses shall affect the operation of any existing law insofar as. it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub- clauses either in the interest of general public or for for protection of the interest of any Scheduled Tribe. Further, the Hon 'ble Court has upheld the applicability of the aforesaid Notification dated 25.08.1993.

7. In view of the above, you are therefore, requested to kindly furn