The trial court has the authority to issue NOC for passport issuance or renewal, as per the provisions of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.2019.

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents to forthwith return the passport bearing No. M8213324 to the petitioner which was issued in his favour on 06.08.2015 having expiry date as 05.08.2025 and was surrendered at Regional Passport Office, Ranchi on 05.11.2015. Further prayer has been made for quashing the order dated 21.07.2022 passed by the Additional Sessions Judge - XVI, Dhanbad in S.T. No. 443 of 2012, whereby an application filed by the petitioner seeking “no objection” for renewal of his passport has been rejected.

2. Learned counsel for the petitioner submits that the petitioner was issued passport bearing No. A4200711 on 11.11.1997 having expiry date as 10.11.2017, however, the said passport subsequently got damaged which was informed by him to the respondent no. 1. The petitioner applied online for issuance of fresh passport and a new passport bearing No. M8213324 (hereinafter referred to as “the said Passport”) was issued to him on 06.08.2015 having expiry date as 05.08.2025. However, the petitioner was asked by the respondent no. 1 to surrender the said passport and as such he surrendered the same on 05.11.2015 in the Regional Passport Office, Ranchi. Thereafter, letter dated 05.02.2016 was issued to the petitioner by the respondent no. 1 asking him to clarify as to whether a criminal case was registered against him which was still under trial as informed by the concerned police authorities and he was directed to produce final judgment of the said case, if any. It was also alleged that the petitioner fraudulently obtained new passport giving fake name and other personal particulars despite having possessed an old one. The petitioner submitted his explanation on 25.02.2016 mentioning that he was already on bail in the case being Dhanbad (Bank More) P.S. Case No. 342/2011 and the said case was pending for trial. It was also explained that he was having no other passport at that time except the one issued to him recently. The criminal case lodged against him was relating to a public agitation since at the relevant time, his father was the M.L.A. of Dhanbad. In the said case, chargesheet against the accused persons including the petitioner was submitted, however, further proceeding of the case in connection with Sessions Trial No. 443 of 2012 was stayed vide order dated 28.11.2016 passed by a Bench of this Court in Cr. Revision No. 1239 of 2016 and as such the charge was not framed against him. During pendency of the present writ petition, an application dated 13.05.2020 filed by the petitioner seeking “no objection” from the trial court i.e., the court of Additional Sessions Judge-XVI, Dhanbad for renewal of the passport in his favour was rejected vide impugned order dated 21.07.2022.

3. It is further submitted that pendency of the criminal case cannot be a ground for non-issuance of the passport or recalling it after its issuance. The respondent no. 1 has no valid reason to withhold the passport of the petitioner. The respondent no. 1 has not followed the notification issued vide GSR 570(E) dated 25.08.1993 by the Ministry of External Affairs, Government of India under Section 22 (a) of the Passports Act, 1967 (hereinafter referred to as “the Act, 1967”) wherein exemption from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the Act, 1967 to such citizens of India against whom proceedings in respect of an alleged offence are pending before a criminal court, has been provided.

4. Learned ASGI appearing on behalf of the respondent- Union of India submits that the petitioner was granted a passport bearing no. A4200711 by the Regional Passport Office, Patna on 11.11.1997 and he applied for re-issuance of the said passport on 06.08.2015 as his old passport was hand written, which was no more valid as per the International Civil Aviation Organization guideline. The petitioner made a solemn declaration in the application dated 06.08.2015 t