Pendency of criminal case does not automatically bar passport re-issue; authorities must consider applications on merits within time frame.

ORDER

This is a petition filed by the petitioner seeking a direction to the first respondent to process his application for re-issue of an Indian passport within a time frame.

2. Heard the learned counsel for the petitioner, the learned Central Government Standing Counsel accepting notice for the first respondent and the learned Government Advocate (Crl.Side) accepting notice for the second respondent.

3. The case of the petitioner is as follows:

(i) The petitioner claims to be a practising advocate in Cuddalore and other neighbouring districts. He had an Indian passport in the year 1993 and it expired in the year 2003. Thereafter, he did not renew the passport. Later on 20.8.2024, the petitioner applied for renewal/reissue of the passport through the relevant portal. Further, on 22.7.2025, the petitioner was invited for verification of the documents and other formalities. When the petitioner checked the status of his passport application, he came to know that Crime No.2069 of 2020 on the file of Virudhachalam Police Station was pending against him.

(ii) The said case has been registered against the petitioner pursuant to a remark made by him in the Facebook on 09.8.2020 condemning the lockdown prevailed during Covid 19. The petitioner also sought to quash the said case by filing Crl.O.P.No.26232 of 2025 before this Court, in which, an order of interim stay was granted on 24.9.2025. Pursuant to that, the petitioner sent a representation to the first respondent to re-issue the passport at the earliest. In turn, the petitioner received a show cause notice dated 07.10.2025 from the first respondent asking to clarify the criminal case pending in Crime No.2069 of 2020 under Sections 124A, 153A, 505(1)(b) of the Indian Penal Code read with Section 67 of the Information Technology Act by giving 30 days’ time for tendering explanation. The petitioner also sent his explanation dated 03.11.2025.

(iii) Though the said explanation was uploaded in the first respondent’s portal, till date, the request of the petitioner has not yet been considered. The application of the petitioner is pending as evident from the status in the first respondent’s portal. According to the petitioner, pendency of a criminal case is not a bar for renewal of the passport. The petitioner asserted that no other case has been pending against him. Hence the writ petition.

4. The petitioner also sent a representation dated 30.10.2025 to the first respondent in this regard. Hence, it would suffice to direct the first respondent to consider the said representation.

5. Considering the facts and circumstances of the case and without expressing any opinion on the merits, the writ petition is disposed of with a direction to the first respondent to consider the said representation of the petitioner dated 30.10.2025 for the re-issue of passport on merits and pass appropriate orders thereon in accordance with law within a period of six weeks from the date of receipt of a copy of this order. No costs.