Passport renewal amid pending criminal proceedings requires a court order. Authorities must comply with GSR Notification 570(E) allowing renewal for ten years if court permissions are granted for international travel.

ORDER :

ANIRUDDHA P. MAYEE, J.

1. By the present writ petition, the petitioner has prayed for direction to renew the passport of the petitioner for a period of 10 years.

2. Learned advocate for the petitioner submits that an FIR being CR No.11191048212204 of 2021 came to be lodged with the Sarkhej Police Station, Ahmedabad for the offences punishable under Sections 3 , 4(1)(2)(3), 5(g)(gh), 5(ch) of the Gujarat Land Grabbing (Prohibition) Act, 2020. Further, another FIR being CR No. 11191028221022 of 2023 came to be lodged with the Vejalpur Police Station, Ahmedabad for the offences punishable under Sections 3 23, 294(B), 506(2), 427, 114 of the Indian Penal Code, Section 135 (1) of the Gujarat Police Act, which culminated into Criminal Case No.4924 of 2023 and is pending. He submits that the petitioner has been granted bail. He submits that due to pendency of criminal case, the respondent passport authority has required court’s permission for renewing the passport of the petitioner.

3. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the passport application of the petitioner is to be processed in accordance with the GSR Notification 570(E) dated 25.08.1993. He submits that the citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India.

4. Heard learned advocates for the parties, perused the documents on record and considered the submissions.

5. At the outset, it is not in dispute that an FIR being CR No.11191048212204 of 2021 came to be lodged against the petitioner with the Sarkhej Police Station, Ahmedabad for the offences punishable under Sections 3 , 4(1)(2)(3), 5(g)(gh), 5(ch) of the Gujarat Land Grabbing (Prohibition) Act, 2020. Another FIR being CR No. 11191028221022 of 2023 came to be lodged with the Vejalpur Police Station, Ahmedabad for the offences punishable under Sections 3 23, 294(B), 506(2), 427, 114 of the Indian Penal Code and Section 135 (1) of the Gujarat Police Act, which culminated into Criminal Case No.4924 of 2023 and is pending. However, it is not in dispute that the petitioner has been granted bail.

6. The GSR Notification 570(E) dated 25.08.1993 reads as under:-.

“G.S.R 570 (E)-In exercise of the powers conferred by clause (a) of the Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offences alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely :-

(a) the passport to be issued to every such citizen shall be issued-

(i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued or a period one year.

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then