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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
VIVEK CHAUDHARY, MANISH KUMAR, JJ.
Gaurav Garg - Appellant
Versus
Union Of India - Respondent
Writ C No. 10532 of 2023
Decided on : 04-12-2023
| Table of Content |
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| 1. grounds for passport issuance linked to pending criminal cases. (Para 2 , 3) |
| 2. section 6(2)(f) is not an absolute bar; exemptions exist. (Para 4 , 5 , 6) |
| 3. petitioner may seek court permission to travel abroad. (Para 7) |
| 4. writ petition dismissed, observing legal remedies available. (Para 8) |
JUDGMENT :
1. Heard learned counsel for parties.
2. The contention of learned counsel for the petitioner is that there is a criminal case pending against the petitioner in the Court of Criminal jurisdiction for an offence under Sections 4 98-A, 504 & 506, I.P.C. and Sections 3 /4 of Dowry Prohibition Act, Police Station Mahila Thana, Hazaratganj, District Lucknow, and he says that petitioner wants to go abroad and needs a Passport for the same, but respondents are not renewing the same.
3. We find that as per Section 6(2)(f) of the PASSPORT ACT , 1967 one of the grounds for non issuance of a Passport is that proceedings in respect of an offence alleged to have been committed by the applicant are pending before the Criminal Court in India. Of course this provision is subject to the other provisions in this Act. Now, we find that in exercise of powers under Section 22(a) of the PASSPORT ACT , 1967 the Central Government has issued a notification dated 25th August, 1993 which reads as under:-
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| "GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION |
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| New Delhi, the 25th August, 1993 G.S.R. 570(E). - In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs no. G.S.R.298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:- (a) the passport to the issued to every such citizen shall be issued-- (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order; (b) any passport issued in terms of a(ii) and a(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of a(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued. | ||
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| [No.VI/401/37/79] L.K. PONAPPA, Jt. Secy. (CPV)" |
4. The provisions of Section 22 of the Act, 1967 read as under:-
The restriction in Section 6(2)(f) of the Passport Act, 1967 is not absolute and may be relaxed by court order for individuals with pending criminal cases, as per the notification dated 25.08.1993.
Refunding of passport amid criminal proceedings is permissible with court authorization, emphasizing public interest balancing with individual rights under the Passport Act, 1967.
Clause (f) of Section 6(2) of the Passport Act, 1967 is inapplicable to post-conviction or post-acquittal proceedings.
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 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....
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