The court can exercise discretion to issue a passport despite pending criminal appeals, balancing legal restrictions with compassionate considerations, particularly for elderly applicants.

JUDGMENT :

RONGON MUKHOPADHYAY, J.

IA No. 12815 of 2024 in Cr. Appeal (SJ)No. 176 of 2012; IA No. 12657 of 2024 in Cr. Appeal (SJ)No. 746 of 2018; IA No. 12659 of 2024 in Cr. Appeal (SJ)No. 996 of 2018

Heard Mr. Alok Anand, the learned counsel for the appellant and Mr.Anil Kumar, the learned ASGI.

2. All these interlocutory applications have been preferred by the appellant for grant of permission to the appellant to visit aboard for fulfilling his family responsibilities and seeking benefit of advanced medical consultation with specialists for better treatment options as well as for a direction upon the respondent no.2, the Regional Passport Officer to issue passport to the appellant in accordance with law.

3. It has been submitted by Mr. Alok Anand, the learned counsel for the appellant that the appellant is aged about 80 years and in order to visit Galway in Ireland where the younger son of the appellant has purchased a new home his presence in the housewarming ceremony is necessary. It has been submitted that earlier an application was made before the Regional Passport Officer on 26.08.2024 wherein it has been stated that the housewarming party was scheduled to be held in October, 2024 but since the Regional Passport Officer had refused to issue a passport the said ceremony has been postponed. It has also been submitted that the appellant is suffering from various aliments and has undergone a by-pass surgery in 1997 and has chronic gastrointestinal issues. The learned counsel while referring to section 6(2) of the Passports Act, 1967 has further submitted that the same provides discretion for issuance of passport and in such context, reference has been made to the case of “Syed Abu Ala v. NCB in Crl. A. 1294 of 2010. It has therefore been prayed that the Regional Passport Officer be directed to issue passport to the appellant so that he may visit Galway in Ireland in order to attend the housewarming ceremony of his younger son.

4. Mr. Anil Kumar, the learned ASGI, has opposed the prayer of the appellant and has submitted that section 6(2) of the Passports Act, 1967 does not confer any discretion upon the Court with respect to issuance of a fresh passport and the judgment which has been relied upon by the learned counsel for the appellant has been sought to be distinguished while submitting that the same related to release of the passport and not issuance of a fresh passport. Mr. Anil Kumar, the learned ASGI has further submitted that the grounds which have been taken by the appellant for issuance of a passport are not of such importance which would mandate the Regional Passport Officer to issue a passport in favour of the appellant.

5. The appellant, who was an accused in RC Case No. 35A/96, RC Case No. 38A/96 and RC Case No.45A/96, was convicted after trial in three different cases and was sentenced accordingly. The appellant has preferred three separate appeals against the conviction and sentence being Cr. Appeal (SJ) No. 746 of 2018, Cr. Appeal (SJ) No. 176 of 2012 and Cr. Appeal (SJ) No. 996 of 2018. The appeals are pending before this Court. In the meantime, separate interlocutory applications have been preferred by the appellant, as noted above, seeking a direction upon the Regional Passport Officer to issue passport to the appellant for the reasons mentioned in the applications. It also appears that though in the application it was mentioned that the housewarming party was to be held in the month of October, 2024 in Galway in Ireland but specific statement has been made in the instant applications that on account of failure on the part of the appellant to obtain the necessary passport the said housewarming function has been postponed and is to be rescheduled and is dependent upon the presence of the appellant at the said place.

6. Both the learned counsels for the respective parties have referred to section 6 of the Passports Act, 1967. The said provision reads as under:

“6. Refusal of passports, travel documents, etc.—(1) S