The court clarified the application of Section 6(2) of the Passports Act and the notification dated 28.06.1993, emphasizing the eligibility for a passport post-conviction and the necessity for specific court orders for passport issuance.

JUDGMENT

Dinesh Mehta, J. - By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has challenged the order dated 04.10.2021, passed by the learned Additional Chief Judicial Magistrate, Sadulshahar, Sriganganagar (hereinafter referred to as "the trial Court"), whereby, petitioner's application dated 17.08.2021 for seeking Court's permission for granting passport has been rejected.

2. The facts germane for the present purposes are that the petitioner was facing trial for the offences under sections 323, 341, 452 & 34 of the Indian Penal Code in the Case No. 441/2011.

3. As the trial of the case was pending against the petitioner, the petitioner moved an application (dated 17.08.2021) before the learned trial Court seeking necessary directions to the passport authority to issue him a passport.

4. Petitioner's aforesaid application came to be rejected by the learned trial Court vide order dated 04.10.2021, inter-alia, observing that petitioner has not stated in his application about the place and period for which he is supposed to go using his passport.

5. Impugning the order dated 04.10.2021, passed by the learned trial Court, Mr. Soni, learned counsel for the petitioner argued that getting a passport under the Passports Act, 1967 is a statutory right of a citizen and the same cannot be denied for untenable grounds. He emphasised that what is required by the law is, an accused has to obtain permission from the Court before leaving the country.

6. It is also pointed out by learned counsel for the petitioner that the aforesaid case(No. 441/2011), which was pending against the petitioner has been disposed of by the trial Court in the manner that despite being found guilty of the offence, the petitioner has not been awarded any punishment/sentence and only a fine of Rs. 1500/- has been imposed upon the petitioner, which the petitioner has deposited.

7. Mr. Mukesh Rajpurohit, learned Dy. Solicitor General appearing for the respondent - Union of India submitted that the learned trial Court has rightly rejected petitioner's application as the same was without requisite particulars. He invited Court's attention towards the notification No. GSR 570(E) dated 28.06.1993 and argued that without the leave of the Court, a person cannot leave the country.

8. Heard learned counsel for the rival parties.

9. It is noteworthy that the Passports Act, 1967 does not confer absolute power upon a citizen to obtain passport. Section 6(1) & (2) of the Act prescribes certain conditions/eventualities, when the passport authority is required to turn down request to make an endorcement or issue passport, which includes a condition when an applicant is an accused in a criminal case. Relevant extract of section 6(2) is reproduced hereinbelow:-

"(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:-

(a) that the applicant is not a citizen of India;

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a w