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2024 Supreme(MP) 822
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S. AHLUWALIA, J.
Shyam Bihari Rathore – Petitioner
Versus
The State Of Madhya Pradesh And Others – Respondents
Writ Petition No. 24480 of 2024
Decided On : 08-11-2024
For the Petitioner:Shri A.P. Singh – Advocate
For the Respondents:Shri Abhishek Singh – Government Advocate
The court ruled that a passport renewal cannot be denied solely based on the pendency of a criminal trial, as permission is only required for travel abroad.
Headnote:(A) Constitution of India - Article 226 - Passports Act, 1967 - Renewal of passport - Petition filed seeking quashing of orders refusing renewal due to pending criminal trial - Court held that mere pendency of trial does not bar renewal unless otherwise ineligible - Notification dated 25/08/1993 clarifies that permission from the court is only required for departing India, not for renewal. (Paras 2, 6, 9)
(B) Legal Principles - The court emphasized that restrictions on passport issuance pertain to travel abroad, not renewal; thus, renewal should not be denied solely based on criminal trial status. (Paras 6, 8)
Facts of the case:
The petitioner sought renewal of his passport while facing trial for offences under Sections 447 and 448 of IPC. The Regional Passport Office denied renewal, citing the need for a court order. (Paras 2, 3)
Findings of Court:
The court set aside the refusal to renew the passport, stating that unless ineligible, the application should not be rejected solely due to the ongoing trial, with specific conditions for travel abroad noted. (Paras 9(i), 9(ii))
Issues: The core issue was whether the renewal of a passport can be denied solely on the grounds of a pending criminal trial. (Paras 2, 9)
Ratio Decidendi: The court ruled that the notification clarifies that permission is required only for departing the country, not for renewal, thus ensuring the rights of individuals facing minor charges. (Paras 6, 9)
Result: The order refusing renewal was set aside, and the application for renewal was directed to be processed without reference to the criminal trial.
ORDER :
G.S. AHLUWALIA, J.
This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-
I. Issue a writ in the nature of certiorari quashing the impugned orders dated 03.07.2024 (P/6) and 07.08.2024 (P/8).
II. Issue a command to Respondents to renew the Passport of the Petitioner as per the procedure.
III. Issue any other writs or directions as this Hon’ble Court deems fit in the circumstances.
2. It is submitted by counsel for petitioner that petitioner is facing trial for offence under Sections 447, 448 of IPC. Since the passport of petitioner was going to expire, therefore he filed an application for renewal of his passport. However, the Regional Passport Office, Bhopal by order dated 07/08/2024 has refused to renew the passport in absence of NOC/ permission from the Court regarding issuance of passport facilities.
3. By referring to the notification issued by Ministry of External Affairs dated 25/08/1993, it is submitted by counsel for petitioner that permission of the Court would be required only when a person wants to depart from India and not for renewal of passport. It is submitted that petitioner would certainly seek permission from the concerning Court in case if he decides to travel abroad.
4. Per contra, petition is vehemently opposed by counsel for the respondents.
5. Heard learned counsel for the parties.
6. The Ministry of External Affairs has issued the notification dated 25/08/1993 which reads as under:-
“MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION
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 be 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 issue in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the court and provided further that, in the meantime. The order of the court is not canceled 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.
[No. VI/401/37/79]
L.K. PONAPPA, Jt. Secy. (CPV)”
7. From the aforesaid notification, it is clear that the passport shall be issued to a person who is facing trial and who produ
