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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Shekhar B.Saraf, Praveen Kumar Giri
Anubhav Jain – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. criteria for passport renewal related to criminal cases (Para 3 , 4 , 5) |
| 2. judicial precedents on passport authority's discretion (Para 6 , 7) |
| 3. court's findings on authority's law adherence (Para 8) |
| 4. final directive for passport issuance (Para 9) |
JUDGMENT :
1. Heard Sri Hasan parvej, learned counsel for the petitioner and Sri Prabhakar Tripathi, learned counsel appearing for Union of India.
2. The matter is being heard after exchange of affidavits.
3. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 12.06.2019 passed by the respondent no.2 (Annexure No. 6 to the writ petition)
II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 to renew the Passport No. H4969575 of the petitioner which has been expired on 06.08.2019 for which the petitioner submitted online application for renewal of Passport No. H4969575 dated 16.04.2019 before the respondent no. 2."
4. Upon perusal of the documents, it appears that by an order dated 12.06.2019
The passport authority cannot deny renewal based solely on pending criminal proceedings if the applicant meets all other conditions.
Mere pendency of criminal case does not bar passport renewal; requires court permission only for travel abroad.
Mere pendency of criminal case does not bar passport renewal processing by passport authority.
The mere pendency of a criminal case cannot deny the issuance or renewal of a passport, ensuring respect for constitutional rights unless a specific court order prohibits it.
Passport renewal not to be refused outright during pending criminal cases if NOC and undertaking provided per guidelines.
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