Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.

ORDER :

M.NAGAPRASANNA, J.

1. The petitioner is before this Court seeking the following prayer:

A. Issue writ of mandamus or any other writ or order in the like nature, directing the 2^nd respondent herein to consider the application/Ack dated 03.11.2023 submitted by the petitioner in file No.BN79C5100419523 vide Annexure-A for issuance of passport to the petitioner and accordingly issue the passport to the petitioner at the earliest in the interest of justice and equity.

B. Grant such other and further reliefs as are just even including the cost of this petition in the interest of justice and equity.

2. Heard the learned counsel for the petitioner and the learned DSGI for the respondents.

3. The petitioner gets embroiled in a crime which is pending as C.C. No.1369 of 2023. The said proceedings are called in question before this Court in Criminal Petition No.100185 of 2024, wherein the Co-ordinate Bench of this Court has granted an interim order of stay of further proceedings in the said crime.

4. The issue in the lis does not relate to the crime. The petitioner submitted an application through the online portal Passport seva for grant of a passport. On the police verification being made, it was seen that the petitioner is embroiled in Crime Nos.158/2011 and 22 of 2021. In that light, no-objection is not rendered by the State for grant of a passport.

5. In identical circumstances, this Court in Writ Petition No.24269/2023 disposed on 4.12.2023 has held as follows:

“7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. In furtherance thereof, the issue that falls for my consideration is:

“Whether pendency of a criminal case would bar issuance or renewal/re-issuance of a passport to a citizen of this nation?”

8. To consider the aforesaid issue, it would become necessary to notice certain provisions of the Passports Act, 1967 (hereinafter referred to as ‘the Act’ for short). The relevant provisions that are germane to be noticed are Sections 2(e), 3, 5, 6, 7, 10 and 22 of the Act and they read as follows:

“2. Definitions.—In this Act, unless the context otherwise requires,—

… … …

(e) “travel document” means a travel document issued or deemed to have been issued under this Act.

3. Passport or travel document for departure from India.—No person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document.

Explanation.—For the purposes of this section,—

(a) “passport” includes a passport which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed under the Passport (Entry into India) Act, 1920 (34 of 1920), in respect of the class of passports to which it belongs;

(b) “travel document” includes a travel document which having been issued by or under the authority of the Government of a foreign country satisfies the conditions prescribed.

… … …

5. Applications for passports, travel documents, etc., and orders thereon.—(1) An application for the issue of a passport under this Act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and shall be accompanied bysuch fee as may be prescribed to meet the expenses incurred on special security paper, printing, lamination and other connected miscellaneous services in issuing passports and other travel documents.

Explanation.—In this section, ‘named foreign country’ means such foreign country as the Central Government may, by rules made under this Act, specify in this behalf.

(1-A) An application for the issue of—

(i) a passport under this Act for visiting a named foreign country; or

(ii) a travel document under t