The court can override passport issuance restrictions due to pending criminal cases when necessary, ensuring timely access for individuals.

JUDGMENT

Petitioner has approached this Court, seeking the following reliefs:-

‘’a) to issue a Writ of certiorari or any order quashing Exhibit P10 letter of objection issued by the 3rd respondent.

b) to issue a Writ of Mandamus or any other appropriate order directing the 3rd respondent to consider the application for renewal of the Passport and to issue the same to the Petitioner forthwith.

2. Petitioner is presently working in the United Arab Emirates. According to the petitioner, the passport of the petitioner expired on 04.12.2024 and the petitioner had filed an application on 16.11.2024 for reissue of his passport before the Consulate at Dubai. It is submitted that, the application of the petitioner for renewal of passport is not being considered alleging that, there is a criminal case pending against the petitioner.

3. Learned counsel appearing for the petitioner would submit that it is clear from Exhibit P10 communication issued to the petitioner from the Passport Section , CGI Dubai that the only obstacle in renewing the passport of the petitioner is the existence of Crime No.593 of 2024 under Section 498(A) of the Indian Penal Code, which is now pending as C.C. No.1315 of

2024 before the Judicial First Class Magistrate Court-I, Irinjalakkuda. It is submitted that, the petitioner was not even aware of the proceedings initiated against him by his wife. It is submitted that, petitioner has a job visa, which is set to expire on 27.01.2025, and unless the passport of the petitioner is reissued immediately, the petitioner will be put to great prejudice. It is submitted that, in the aforesaid circumstances, the petitioner cannot be called upon to now approach the court and obtain permission for reissue of passport.

4. Learned Central Government Counsel submits seeks further time to get instructions. However, in the facts and circumstances noticed above, I am of the opinion that, this writ petition need not be adjourned to enable the Central Government Counsel to obtain instructions.

5. Section 6 (2)(f) of the Passports Act , 1967 (hereinafter referred to as ‘the Act’) provides that a passport shall not be issued to a person in respect of whom proceedings in respect of an offence alleged to have been committed by the applicant, are pending before a criminal court in India. In exercise of the powers conferred in the Central Government under Section 21 of the Act, the Central Government has issued notification bearing No. GSR 570 (E), permitting the issuance of passports to persons, who are accused in a criminal case, subject to the condition that the permission of the criminal court must be obtained and the passport shall be reissued only for the period for which such permission is granted by the criminal court. Therefore, it is clear that, in the case of the petitioner, the only inhibition is that he has not obtained permission from the criminal court where the case against him is pending for reissue of the passport. Exhibit P10 communication issued by the Passport Section of the Consulate General of India, Dubai indicates that the only case pending against the petitioner is C.C. No.1315 of 2024 on the file of the Judicial First Class Magistrate Court-I, Irinjalakkuda and the only offence alleged against the petitioner in that case is that under Section 498A of the Indian Penal Code.

6. Taking the above into consideration, I am of the view that it will be well with the authority of this Court in exercise of jurisdiction under Article 226 of the Constitution of India to issue a direction that the passport of the petitioner be renewed for a period of five years notwithstanding the fact that the petitioner is accused in C.C. No.1315 of 2024, now pending before the Judicial