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2023 Supreme(Raj) 1440
RAJASTHAN HIGH COURT
Pushpendra Singh Bhati, J.
Aaropa - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Misc(Pet.) No. 6945 of 2021
Decided On : 10-01-2023
Mr. Rohitash Singh Rathore, Advocate, for the Appellant; Mr. Arun Kumar, PP, for the Respondent.
The renewal of a passport cannot be denied solely due to the pendency of a criminal appeal if other conditions are satisfied.
Headnote:
Passport - Criminal Appeal - Passport Act, 1967 - Sections 6.2(e), 6.2(f) - The court interpreted the provisions of the Passport Act, emphasizing that the renewal of a passport cannot be denied solely based on the pendency of a criminal appeal, provided the applicant meets other conditions.
Fact of the Case:
The petitioner filed a criminal misc. petition seeking renewal of his passport, which was denied due to the pendency of a criminal appeal against his conviction for various offenses.
Finding of the Court:
The court found that the passport authority cannot refuse renewal based solely on the pendency of a criminal appeal, especially when the conviction is under appeal and the sentence is for one year.
Issues: Whether the passport authority can deny the renewal of a passport based on the pendency of a criminal appeal.
Ratio Decidendi: The court held that the provisions of the Passport Act do not permit refusal of passport renewal solely due to pending criminal proceedings, provided other conditions are met.
Result: The petition is allowed, and the passport authority is directed to renew the passport without objection to the pending criminal appeal.
ORDER
1. This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the judgment dated 11.11.2021 passed by Learned Judicial Metropolitan Magistrate, Jodhpur Metro (for short 'the court below' hereinafter) in Criminal Original Case No.111/2010 (10909/2014), seeking permission of this Court for the issuance of passport.
2. Learned counsel for the petitioner has shown the judgment passed by the Hon'ble Apex Court in Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigation (Criminal Appeal No(s).1342/2017) decided on 27.09.2021, which reads as follows:
'The applicant was convicted for offences punishable under Sections 120-B,420, 468, 471, 477 A of the Indian Penal Code read with Section 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988. The appeal filed by him was dismissed by the High Court. However, the sentence was reduced to a period of one year.
The application for exemption from surrendering filed by the applicant was allowed. Leave was granted in the criminal appeal filed by the applicant on 12.07.2017. The appeal is pending consideration.
In the meanwhile, the applicant has filed this application for a direction to the respondent to give no objection for renewal of his passport which expired on 12.11.2017. The applicant has contended that the application filed by him for renewal of passport was not considered. In spite of his repeated efforts, including filing of an application under the Right to Information Act, he was not informed the reason for non renewal of his passport. It is averred in the application filed for direction that the application was orally informed that the renewal of the passport was not being done due to the pendency of the criminal appeal in this Court.
Mr. J.K.Sud, learned Additional Solicitor General appearing for the respondent oppose the application and submitted that renewal of passport can be only after application obtains permission from the concerned trial court. He referred to Section 6.2 of the Passport Act, 1967 and argued that the passport authority has the power to refuse issuance of the passport in view of the pendency of the criminal appeal filed by him. He submitted that sub-Section 6.2 (e) and (f) of the Passport Act, 1967 would be applicable to this case and the applicant is not entitled to seek renewal passport without obtaining permission from the trial court.
Section 6.2 of the Passports Act, 1967 reads as follows:
x x x x x x x x x x
(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 warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred
