When a court orders the renewal of a passport "as per rules" for a person with pending criminal proceedings, the passport should be renewed for the standard period (usually 10 years) under the Passport Rules, 1980, rather than the restricted period under GSR Notification 570(E).

JUDGMENT

1. RULE returnable forthwith. Mr. Pradip Bhate, learned counsel for the respondent waives service of notice of rule on behalf of the respondent. With the consent of the learned counsels for the respective parties, the present petition is taken up for final hearing today.

2. Present petition is filed by the petitioner under Articles 14, 21 and 226 of the Constitution of India read with the provisions of Passports Act, 1967 seeking following reliefs:

“a. This Hon’ble Court may be pleased to issue any appropriate writ to direct/order the respondent authority to renew the petitioner’s passport for ten years as per the statutory rules framed under the Act in furtherance of the order dated 23.05.2025 passed by the Ld. Addl. Chief Judicial Magistrate, Court No. 11, Ahmedabad City.

b. The Hon’ble Court may be pleased to grant such other and further relief/s or order/s as deemed fit, just, and proper in the interest of justice;”

3. Learned counsel for the petitioner has submitted that an FIR being No. I-76 of 2016 was registered at DCB Police Station, Ahmedabad for the offences punishable under sections 419, 420,384 and 120(b) of the Indian Penal Code as well as U/s. 66 (b) (d) of the IT. Act, 2008. He further submits that a charge-sheet has been filed and Criminal Case no. 62618 of 2024 came to be registered before the Additional Chief Judicial Magistrate, Ahmedabad City Court No. 11. He has submitted the petitioner is enlarged on regular bail by the Trial Court by an order dated 13.12.2016. He has submitted that the petitioner preferred an application vide Criminal Miscellaneous Application No. 3583 of 2024 to modify the condition of the bail and to get back his passport which is deposited in view of the condition imposed by the Metropolitan Magistrate Court No. 11 while granting the bail and the application came to be allowed vide order dated 30.05.2024. He has submitted that since his passport was expired, the petitioner thereafter moved an application before the Addl. Chief Judicial Magistrate, Ahmedabad City Court No. 11 for renewal of the passport and the application came to be allowed vide order dated 23.05.2025. He has submitted that the respondent authority has renewed the passport for one year only. He has submitted that as per the applicable rules it is required to be allowed for ten years.

3.1 Learned advocate for the petitioner in support of his submissions has relied upon the judgment of the Division Bench of Bombay High Court reported in 2014 SCC Online Bom 356 - Narendra K. Ambwani v. Union of India & Ors. wherein the Bombay High Court has issued guidelines to be followed by the passport authorities where the Trial Court has directed that the passport may be renewed as per the rules.

4. Per contra, learned advocate Mr. Pradip D. Bhate for the respondent has submitted that the passport of the petitioner has to be renewed in terms of the GSR Notification 570(E) dated 25th August, 1993. He submits that, however, there is no restriction on this Court to issue a direction for issuance of the passport for a certain period of validity as per the rules. He therefore, submits that appropriate directions be passed accordingly.

5. Considered the submissions and perused the documents on record.

6. At the outset, it is not in dispute that the FIR came to be lodged with the DCB Police Station, Ahmed