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2026 Supreme(Online)(Ker) 26449
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
Mohamed Iqbal V. – Appellant
Versus
Union of India – Respondent
WP(C) NO. 13317 OF 2026
For the Appellants/Petitioners: Shri.Fahad Hussain, Smt.Thasneem A.P.
For the Respondents: Shri.Jaishankar V.Nair, Senior Panel Counsel, Sri.C.S.Appu, Government Pleader
Passport reissue refused during pending criminal case without trial court permission; emergency travel document directed instead.
Headnote:The Passports Act, 1967, Section 6(2)(f) mandates refusal of passport reissue if criminal proceedings are pending. Petitioner, working abroad, applied for reissue post-expiry but was denied due to pending case under Section 498A IPC. Court found no permission obtained from trial court as required by GSR 570(E) notification. Issues framed as whether mandamus lies for passport reissue absent court clearance and alternative reliefs. Court observed emergency travel document viable for petitioner to return, obtain permission, and participate in proceedings. Writ petition disposed directing issuance of emergency certificate by Embassy within time frame.
| Table of Content |
|---|
| 1. passport renewal denied due to pending criminal case. (Para 1 , 2) |
| 2. petitioner's counsel seeks mandamus citing precedent. (Para 3 , 4) |
| 3. passports act requires criminal court permission for issuance. (Para 5) |
| 4. emergency certificate proposed for return to india. (Para 6 , 7) |
| 5. direct issuance of emergency travel document. (Para 8) |
JUDGMENT
The petitioner was the holder of an Indian Passport which expired on 30.01.2026. The petitioner submitted an application on 09.02.2026 for reissue of the passport, as evidenced by Ext.P3 receipt. The grievance of the petitioner is that the said application is not considered due to the pendency of a criminal case against him.
2. The petitioner is an accused in C.C.No.345/2022 on the files of the Judicial First Class Magistrate Court, Perinthalmanna, registered under Section 498A of the Indian Penal Code . The petitioner states that he is presently working in Abu Dhabi and unless the passport is renewed, he will not be able to defend the proceedings before the criminal court. Accordingly, this writ petition is filed for the following reliefs :
“i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents to consider and dispose of the Petitioner’s application for reissue/renewal of passport (Exhibit-P3) in a time-bound manner, in accordance with law;
ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd Respondent to grant the necessary clearance for reissue of the Petitioner’s passport within a time frame to be fixed by this Hon’ble Court;
iii. In the alternative, direct the Respondents to reissue the Petitioner’s passport subject to such reasonable conditions as this Hon’ble Court may deem fit and proper, including a condition directing the Petitioner to appear before the Judicial First-Class Magistrate Court, Perinthalmanna, and participate in the proceedings in C.C.No.345/2022;
3. Heard the learned counsel for the petitioner, the learned Senior Panel Counsel and the learned Government Pleader.
4. The learned counsel for the petitioner refers to Ext.P5 judgment of this Court and submits that in similar circumstances, a short validity passport has been granted.
5.Section 6of thePassports Act, 1967deals with refusal of passports, travel documents. etc. and sub-section 2(f) thereof provides that subject to the other provisions of the Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub- section (2) ofSection 5on the ground that the 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 underSection 21of 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. Admittedly, the petitioner has not obtained any permission from the competent criminal court.
6. The learned counsel for the petitioner submits that only if the passport is reissued, the petitioner can travel back to India and obtain such orders.
7. Sri.Jaishankar V.Nair, learned Senior Panel Counsel submits that the petitioner can be provided with an emergency certificate or a travel document to enable him to travel to India.
8. In the light of the said submission, this Writ Petition is disposed of with the following directions :
(i) The petitioner shall make an application for emergency certificate/travel document before the 2nd respondent within two weeks from today.
(ii) On receipt of such application, the 2nd respondent shall issue the emergency certificate/travel document to the petitioner within two weeks thereafter.
All
