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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, S.SRIMATHY, K.K.RAMAKRISHNAN
Jawahar Rajan – Appellant
Versus
Regional Passport Officer – Respondent
| Table of Content |
|---|
| 1. petitioner's case and passport renewal application (Para 1 , 2 , 6) |
| 2. conflicting judgments on passport issuance (Para 3 , 4 , 5) |
| 3. arguments on legal basis for passport refusal (Para 7 , 8 , 9 , 10) |
| 4. historical context of passport issuance in india (Para 12 , 13 , 14) |
| 5. procedures and interpretations regarding 'pending criminal proceedings' (Para 15 , 16 , 17 , 18 , 19) |
| 6. judgment on treatment of passport renewals (Para 20) |
| 7. conclusion on necessity of court permission for renewal (Para 21 , 22) |
ORDER :
Thiru. Jawahar Rajan, the petitioner herein holds Indian Passport bearing No: N8141097, which is valid upto 03.03.2026. He made an online application for re-issue of passport under TATKAAL scheme on 22.08.2025. In view of the adverse Police Verification Report (PVR), the Regional Passport Office, Coimbatore, vide communication dated 11.09.2025 sought explanation within 30 days from the petitioner regarding Cr.No.26 of 2021 on the file of District Crime Branch, Madurai for the offence under Sections 120B, 294(b), 406,420 IPC registered against the petitioner and others.
3.The learned Judge, in view of conflicting judgments rendered by two Division Benches of this Co
The renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission per the Passports Act.
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
Pendency of criminal proceedings bars the re-issuance of a passport under Section 6(2)(f) of the Passports Act, 1967; exceptions are subject to specific court orders.
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
Pending criminal proceedings can bar the renewal of a passport under the Passports Act, necessitating compliance with statutory provisions and court permissions for validity.
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
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