Passport renewal not to be refused outright during pending criminal cases if NOC and undertaking provided per guidelines.

O R D E R

The petitioner, aggrieved by the non-consideration of his application for renewal of passport by the first respondent, has filed this writ petition.

2.Mr. M. Gajendran, learned Standing Counsel, who takes notice for the first respondent, submitted that based on an adverse report received from the second respondent, the petitioner’s application has not been considered.

3.Mr. M. Vaikkam Karunanithi, learned Government Advocate (Crl. Side), who takes notice for the second respondent, submitted that two criminal cases are pending against the petitioner, namely:

(i) C.C. No.247 of 2023, for the offences punishable under Sections 406 and 420 IPC @ Sections 406, 420, 468, 471, 120-B r/w 34 IPC; and (ii) C.C. No.1637 of 2023, for the offences punishable under Sections 406, 420, 467, 468, 471, 120-B IPC r/w 34 IPC, on the file of the Judicial Magistrate Court No.IV, Tuticorin.

4.The Passport Authority can refuse issuance of a passport or any travel document under Section 6 of the Passports Act, 1967. Section 6(2)

(f) of the Act is relevant and is extracted hereunder:

“6. Refusal of passports, travel documents, etc.—

(2) Subject to the other provisions of this 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) of Section 5 on any one or more of the following grounds, and on no other ground, namely—

…

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India.”

5.The above provision enables the Passport Authority to refuse issuance of a passport or travel document to an applicant on the ground that criminal proceedings are pending before a Criminal Court in India.

6.The Ministry of External Affairs, Government of India, has issued a statutory notification in G.S.R. 570(E), dated 25.08.1993, prescribing certain guidelines to provide relief to applicants against whom criminal proceedings are pending. Such applicants may obtain a passport by securing a No Objection Certificate from the concerned Court and by filing an undertaking as prescribed in the notification. 7.Ordinarily, under Rule 12 of the Passport Rules, the validity of a passport is for a period of ten years. However, where the applicant is facing criminal proceedings, the passport may be issued with a restricted validity period. Therefore, the Passport Authority is not justified in refusing to decide the petitioner’s application for renewal of passport solely on the ground of pendency of criminal cases.

8.Accordingly, this writ petition is disposed of with the following directions:

(i) The petitioner shall file an affidavit of undertaking along with substantive sureties before the concerned Court where the criminal cases are pending, to ensure his availability for trial. Upon satisfaction and after ensuring his availability for trial, the concerned Court shall issue a No Objection Certificate enabling the petitioner to get his passport renewed.

(ii) Thereafter, the petitioner shall file an affidavit under G.S.R.

570(E), along with the No Objection Certificate obtained from the concerned Court, before the Passport Authority. Upon such presentation, the Passport Authority shall consider the same and renew the passport for a temporary period depending upon the requirement.

9.There shall be no order as to costs.