The judgment establishes the balance between the provisions of the Passport Act, 1967, and the relief provided under GSR.570(E) dated 25.08.1993 for applicants with pending criminal proceedings to obtain a passport with certain conditions.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to extend her husband''s new passport No.X9923507 for remaining period of her husband''s earlier old passport No.U4807576 based on her husband''s online application No.ARN:23-2002513958 dated 19.06.2023 to the High Commission of India, Wisma Hrih Lotus, Level 1, 442, Jalan Pahang, Setapak 53000, Kuala Lumpur, Malaysia.)

1. The petitioner''s husband, Balamurugan, obtained a passport in the year 2020, with validity upto 22.10.2030. The petitioner''s husband is working at Malaysia. He lost his passport and applied for a fresh one. That application was not considered, in view of the pendency of a criminal case. Therefore, the petitioner''s husband approached this Court by filing WP(MD)No.5115 of 2023. This Court, after taking note of the fact that a criminal case is pending against the petitioner''s husband in STC.No.75 of 2021 before the Judicial Magistrate Court, Melur, by order dated 20.03.2023, directed the Passport Authority to issue a fresh passport to the petitioner''s husband within a period of six weeks. Accordingly, a fresh passport was issued to the petitioner''s husband, however, restricting the same for a period of one year, ie., upto March, 2024.

2. Learned Counsel for the petitioner submitted that the work permit would be issued by the employer, provided the passport should have a validity of minimum two years period. Since the passport of the petitioner''s husband expires by March, 2024, he could not apply for the work permit.

3. The existing work permit of the petitioner''s husband is expiring by this week and therefore, the petitioner''s husband has filed a writ petition in WP(MD)No.17618 of 2023 to quash the passport and requested for a fresh passport for a period of two years. On the directions of this Court, the said writ petition was withdrawn on 20.07.2023 and the present writ petition was filed by the petitioner / wife for a mandamus to renew her husband''s passport.

4. Learned Government Advocate appearing for the Police submitted that a criminal case is pending against the petitioner before the learned Judicial Magistrate, Melur, in STC.No.75 of 2021, for the offence under the Tamil Nadu Gaming Act.

5. Learned Deputy Solicitor General of India appearing for the Passport Authority submitted that they have received adverse remarks during the police verification. He further submitted that since the case is pending before the Court concerned, as per Section 6(2) of the Passport Act, the Passport Authority can refuse the issuance of passport. In any event, if the petitioner''s husband approaches the Authority along with the No Objection Certificate from the concerned Court, the application would be processed accordingly.

6. This Court considered the rival submissions made on either side and also perused the available materials.

7. It appears that a criminal case has been registered as against the petitioner in Crime No.1236 of 2020 for the offence under Section 12 of the Tamil Nadu Gaming Act and the same is now pending before the learned Judicial Magistrate, Melur, in STC.No.75 of 2021.

8. The Passport Authority can refuse the passport and any travel documents under Section 6 of the Passport Act, 1967. Section 6(2)(F) of the Act would be relevant and the same is extracted as under:-

“6.Refusal of passports, travel documents, etc-

... (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

 ...

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India.”

9. The above provision enables the Passport Au