Passport authorities lack the jurisdiction to determine an accused's right to travel abroad; they must renew passports for the standard 10-year period if the Trial Court permits travel, as the power to impose travel conditions rests exclusively with the judiciary.

ORAL JUDGMENT

1. Rule returnable forthwith. Learned Standing Counsel waives service of notice of rule for and on behalf of the respondent.

2. By way of the present writ petition, filed under Articles 14, 19 and 226 of the Constitution of India r/w the provision of Passport Act, 1967 the petitioner has prayed for direction to renew the passport of the petitioner for period of 10 years.

3. Learned advocate for the petitioner has submitted that under the prevalent rules of the GSR Notification 570(E) dated 25.08.1993, the respondent authority has to renew the passport of the petitioner for a period of 10 years. He has submitted that the petitioner had applied for renewal of the passport, however, the respondent authority has not renewed the passport for 10 years on the ground of FIR against the petitioner. He has submitted that the petitioner has granted anticipatory bail by this Court vide order dated 1.8.2022 passed in Criminal Misc. Application No.3553 of 2021.

4. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the passport application of the petitioner is to be processed in accordance with the GSR Notification 570(E) dated 25.08.1993. He submits that the citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India.

5. Heard learned advocates for the parties, perused the documents on record and considered the submissions.

6. At the outset, it is not in dispute that the application of the petitioner for renewal of the passport is still pending before the concerned respondent authority. Further, from the record it appears that this Court has granted anticipatory bail by this Court vide order dated 1.8.2022 passed in Criminal Misc. Application No.3553 of 2021.

7. At this stage, it is appropriate to refer the GSR Notification 570(E) dated 25.08.1993 reads as under:-

“G.S.R 570 (E)-In exercise of the powers conferred by clause (a) of the 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 offences 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 or 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 periodvalidity 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 sh