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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Sh. Mukul Mittal – Appellant
Versus
Sr. Superintendent Policy Regional Passport Office – Respondent
| Table of Content |
|---|
| 1. issuance of passports amid criminal proceedings. (Para 1 , 2 , 3) |
| 2. circumstances surrounding passport renewals. (Para 4 , 5 , 6 , 19) |
| 3. legal provisions and exemptions under the passport act. (Para 23 , 24 , 25 , 26 , 27) |
| 4. clarification from supreme court impacting passport renewals. (Para 33 , 34 , 35 , 36) |
| 5. final directives for passport renewals based on trial court orders. (Para 37 , 38 , 39) |
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 C
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....
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....
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.
Pending criminal proceedings do not bar passport renewal; authorities to process per Act, rules, notifications without routine court NOC; ordinarily 10-year validity; travel permission separate from ....
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.
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.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
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