The central legal point established in the judgment is that the Passport Authority cannot refuse renewal based on the pendency of criminal cases, as interpreted from the Passports Act, 1967, and related guidelines.

ORDER :

1. Heard Mr. Ponnam Mahesh Babu, learned counsel for the petitioner and Mrs. Anjali Agarwal, learned Standing Counsel appearing for respondent No. 2.

2. This writ petition is filed to declare the inaction of respondent No. 2 in renewing the passport after submission of application as per the provisions of Act vide application in File No. HY-1074507943922 dated 19.08.2022 as illegal, and for a consequential direction to respondent No. 2 to renew and release the passport.

3. The petitioner herein is the holder of passport bearing No. F3307870. It was expired on 18.04.2015 itself. However, he had filed an application bearing No. HY-1074507943922 on 19.08.2022 with respondent No. 2 to renew his passport. Having received and acknowledged the said application, respondent No. 2 did not act upon the same. Therefore, the present writ petition.

4. Learned counsel for the petitioner would submit that the petitioner herein is an accused in several crimes, and on the ground of involvement of the petitioner in the crimes, respondent No. 2 cannot deny passport to the petitioner and it cannot keep the application submitted by the petitioner for renewal of passport pending.

5. However, Mrs. Anjali Agarwal, learned Standing Counsel for respondent No. 2, would submit that the petitioner herein is an accused in eight (08) criminal cases and the said cases are pending before various Courts. Therefore, as per the provisions of the Passports Act, 1967, Rules made thereunder and the Circular Notification No. GSR 570 (E), dated 25.08.1993, the petitioner is not entitled for renewal of his passport. According to her, the police have issued rowdy-sheet against the petitioner and they are maintaining the same as on today. Therefore, the petitioner is not entitled for renewal of his passport.

6. In view of the above rival submissions, it is relevant to extract Section-6 of the Passports Act, 1967 and the same is as under:

“6. Refusal of passports, travel documents:

(1) xxx xxx xxx

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:

(a) that the applicant is not a citizen of India.

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India.

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country.

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years.

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India.

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court.

(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation.

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.”

7. It is also relevant to extract the aforesaid Notification No. GSR 570(E), dated 25.08.1993 and the same is as under:

“G.S.R. 570(E) - In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act 1967 (15