The court allows passport renewal for an absconding accused, contingent on surrendering to face trial, emphasizing the importance of concluding judicial proceedings.

ORDER :

Farjand Ali, J.

1. By way of filing the present Criminal Writ Petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the authorities concerned to consider his application for renewal of passport No. L3822733.

2. The facts necessary for consideration in the present petition are that presently, the petitioner is working at AL Hofuf, UAE. His passport No. L3822733 was expired on 27.11.2023 and when he applied for renewal of the same, he came to know that a criminal case has been decided against him for the offences under Sections 363, 366A, 376(2) of IPC in his absence wherein he has been declared absconder vide judgment dated 03.09.2008. Hence, the instant Criminal Writ Petition.

3. Learned counsel for the petitioner submits that the petitioner came to know regarding the decision of the Sessions Case No.22/1987, 6/2008 (40/20-14) (State Vs. Pratap @ Ismile Khan & Ors.) when he applied for renewal of the passport. Now, he is ready and willing to surrender himself before the learned Session Court, Churu after returning back to the country but he is unable to do so due to expiry of his passport. Thus, it is prayed that the instant Writ Petition may be allowed and the concerned authorities may be directed to renew his passport.

4. Learned Dy.G.A has opposed the submission made by the counsel for the petitioner.

5. I have heard the learned counsel for the parties and have gone through the material available on record as also the reply filed by the Passport Authority of State of Rajasthan, Jaipur.

6. It is significant to note here that the Passports Act, 1967 (hereinafter referred as "The Act") does not confer absolute power upon a citizen to obtain passport. Section 6(1) & (2) of the Act prescribe certain conditions/eventualities when the passport authority is required to turn down request for issuance/renewal of passport 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 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 thedeparture 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 in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.”

To diminish the rigour of sub-section (2)(f) of section 6, the Central Government has issued a notification dated 28.06.1993 which enables the passport authority to issue passport even in the case of a person covered by clause (f) of sub-section (2) of section 6 of the Act. The notification dated 28.06.1993 is reprodu