Passport authorities lack the jurisdiction to decide the right of an accused to travel abroad; they must renew passports for the standard period (10 years) as per rules, while the authority to impose travel conditions rests solely with the Trial Court.

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, 21 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 on the ground of pendency of criminal case against the petitioner in connection with FIR No.1119902220009 of 2022. He has submitted that this Court has stayed the proceedings and further investigation with regard to said FIR vide order dated 16.12.2022 passed in Special Criminal Application No.5999 of 2022. He has submitted that the petitioner intends to visit Pilgrimage Haji but due to non-renewal of the passport, she is not able to visit.

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 stayed the proceedings and further investigation with regard said FIR vide order dated 16.12.2022 passed in Special Criminal Application No.5999 of 2022 qua the petitioner and her husband.

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