Passport issuance can only be refused based on the specific grounds outlined in Section 6 of the Passports Act, 1967, and not on any other grounds.

1. The petitioner-Abdul Majid Sheikh, who served the Education Department of the State Government for three decades, applied for renewal of his passport, issued in November, 1997, term whereof had expired by efflux of time. His Writ Petition OWP No.590/08 was disposed of by this Court issuing directions to the Passport Authorities to consider his case for grant of fresh passport on the basis of the Verification Report of the State Government on petitioner’s antecedents.

2. The Regional Passport Officer, Jammu, rejected the petitioner’s claim saying that on the basis of Senior Superintendent of Police, CID, J&K, Jammu’s adverse report not recommending issuance of passport to the petitioners the passport applied for could not be issued in terms of the provisions of Section 6(2)(b) and (c) of the Passports Act, 1967.

3. Vide Order dated 26-9-2011, the State-respondents were required to place on records material on the basis whereof they would contest issuance of passport to the petitioner.

4. The State-respondents have not placed any material on records except filing Superintendent of Police (A) CID, Hqrs’ Affidavit.

5. Perusal of the Affidavit of the Superintendent of Police indicates that all that had weighed with the State Authorities in not recommending petitioner’s case for issuance of passport was that the petitioner’s son having joined militancy in March, 1999 was still underground and the petitioner was, therefore, disentitled to issuance of passport.

6. Considered the submissions of learned counsel for the parties.

7. Passport may be refused on the grounds indicated in Section 6 and on no other grounds. The provisions of Section 6 of the Passports Act, 1967 is reproduced hereunder for reference:

“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 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 that or any other country’;

(d) that in the opinion of the Central Government, the presence of the applicant in such country is not in the public interest.

(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