The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.

JUDGMENT :

Ranjan Sharma, J.

1. During the pendency of Criminal Revision No.25 of 2015, the Petitioner [Amarnath], has filed the instant application {Cr. MP No. 381 of 2025}, under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 [in short “BNSS”] against non-issuance of passport and for seeking permission from this Court for issuance of passport, pending with Respondent No. 2 with file SM4060584016625 dated 09.01.2025 Annexure P-1, which was denied/withheld, on the plea that as per the police verification report, the case originating from FIR No 119/04 dated 19.12.2004 under Sections 279 & 337 IPC, registered at PS Bangana, is under trial.

2. Instant application [Cr. MP No. 381 of 2025] has been filed, seeking a direction, for issuance of a passport for enabling the petitioner to visit abroad {i.e. Australia}.

3. Upon listing of this application, notice was issued by this Court on 31.01.2025, directing respondents to file reply to instant application.

4. Upon listing of this case, today [14.02.2025], Respondent No.2- Regional Passport Authorities, Shimla has filed a Short Reply Affidavit dated 06.02.2025 [Taken on Record], stating that though petitioner had applied for issuance of Fresh Passport, at Post Office Passport Seva Kendra [POPSK], Hamirpur on 09.01.2025 and in response thereto, Pre-Police Verification was undertaken on which Superintendent of Police, District Hamirpur had submitted an adverse police verification report on 10.01.2025 with the remarks that “Case FIR No. 119/04 dated 19.12.2004 under Sections 279 & 337 IPC, registered at PS Bangana and the case is under trial” which is Annexure R-2. However, the Reply Affidavit indicates that as per the Government of India, Gazette Notification No. G.S.R. 570 (E) dated 25.08.1993 [Annexure R-1], the Court orders are required for issuance of passport before departing from India and the petitioner was issued a notice on 16.1.2025 to submit the necessary permission from the Court, if the case was pending in a Court.

5. Learned State Counsel states that the matter to issue or the deny passport relates to the Respondent No 2-Passport Authorities and the State has no role, except than to undertake the pre-verification/verification process, which was done by the Superintendent of Police concerned and therefore, no formal reply is required to be filed by State Authorities in the instant matter.

6. Heard. Ms. Sheetal Vyas, Advocate for petitioner, Mr. Vishal Panwar, Learned Additional Advocate General for Respondent No.1-State and Mr. Rajinder Thakur, Central Government Standing Counsel for Respondent No.2.

7. LEGAL POSITION - Before proceeding to examine the claim of the petitioner, it is relevant to have a recap of the statutory provisions of Section 6 and Section 22 of the Passports Act, which reads as under:

“5. Applications for passports, travel documents, etc., and orders thereon:-

(1) …not relevant..

(2) On receipt of an application 3 [under this section], the passport authority, after making such inquiry, if any. as it may consider necessary, shall, subject to the other provisions of this Act, by order in writing –

(a)-(b). …not relevant ..

(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the passport or travel document any endorsement.

6. Refusal of passports, travel documents, etc.—

(1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or 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 may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India;

(b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India;

(c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with t