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SAUMITRA DAYAL SINGH, MANJIVE SHUKLA
Pawan Kumar Rajbhar – Appellant
Versus
Union of India – Respondent
Yes, this judgment clearly supports the position that a passport cannot be denied solely on the basis of a pending criminal case or appeal. The court emphasizes that the word "proceeding" in relevant provisions of the Passports Act includes not only trials but also investigations and inquiries, which are stages prior to cognizance being taken by a court. The judgment underscores that the law and government orders permit the issuance of passports even when criminal proceedings are pending, provided certain conditions are met, such as obtaining permission from the competent criminal court. Moreover, the court directs authorities to ensure transparency, efficiency, and proper communication, and explicitly states that passports should not be withheld solely based on reports of non-cognizable cases or pending investigations without objective consideration. This reinforces the principle that pending criminal proceedings, by themselves, do not automatically justify denial of a passport.
JUDGMENT
Heard Sri. Chandrakant Tripathi, Sri. Ravindra Kumar Yadav, Sri. Shubhash Chandra Maurya, Sri. Piyush Patel, Sri. Mohd. Kamar Shah Alam, Sri. Sanjeet Kumar Mishra, Sri. R.B. Pal, Sri. Brijesh Kumar Mishra, Sri. Praveen Kumar Chaubey, Sri. Abhijeet Kumar Pandey, Sri. Abhay Mishra, Sri. Rajeev Upadhyay, Sri. Mohd. Imran, Sri. Santosh Kumar Tiwari, Sri. Mohammad Iliyas, Sri. Amar Singh Yadav, Sri. Parashuram Baranwal, Sri. Vipin Kumar Singh and Sri. Amar Singh Yadav, learned counsel for the petitioners, Sri. Sunil Mishra, Sri. Saurabh Kumar Tripathi, Sri. Raj Shekhar Srivastava, Sri. Dinesh Chandra Tripathi, Sri. Ashish Kumar Mishra, Sri. Sarvshwar Lal Srivastava, Sri. Ravi Prakash Singh, Smt. Kiran Bala, Smt. Swarn Lata Suman, Sri. Chandra Vijay Singh, Sri. Raman Saxena, Sri. Ashish Tripathi, Sri. Vijay Raj Pal, Smt. Anju Srivastava, Sri. Dharmendra Singh and Sri. Pramod Kumar Pandey, learned counsel for the respondent- Union. Later, before this order could be signed Sri. S.P.Singh the learned A.S.G.I. has appeared and offered invaluable assistance and suggestions.
2. On the request of the Court, Sri. A.K. Sand, learned Government Advocate has appeared and offered valuable as
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The court ruled that pending criminal investigations do not automatically bar passport issuance, emphasizing judicial discretion in assessing travel permissions.
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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 fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
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.
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 affirmed the right to apply for a passport despite pending criminal proceedings if a No Objection Certificate from the court is provided, emphasizing the necessity of judicial oversight ove....
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.
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