Passports cannot be denied based on pending criminal proceedings when a competent court has stayed all further proceedings in those criminal cases, as the stay suspends the legal bar under the Passports Act, 1967.

O R D E R

Heard Mr. D.S. Haroon Rasheed, learned counsel appearing for the petitioner; Mr. P. Veerapandi, learned Central Government Standing Counsel, who accepts notice on behalf of respondents 1 and 2; and Mr. R. Mohamed Riyaz, learned Government Advocate (Criminal Side), who accepts notice on behalf of the third respondent.

2.The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the second respondent to process and issue a fresh passport pursuant to the petitioner’s application in File No.

TR1067352852725 dated 29.01.2025.

3.The petitioner’s application has not been processed on the ground that a criminal case in C.C. No.1214 of 2024 is pending on the file of the Judicial Magistrate No.I, Tiruchirappalli. However, the learned counsel for the petitioner submitted that a Coordinate Bench of this Court, by order dated 12.11.2024 passed in Crl.O.P.(MD) No.19464 of 2024, has stayed all further proceedings in the said criminal case and that the interim order continues to remain in force.

4.Refusal of issuance or renewal of a passport is governed by the provisions of the Passports Act, 1967. Under Section 6 thereof, the Passport Authority is empowered to refuse issuance or renewal of a passport only on the grounds specifically enumerated under the statute. One such ground is the pendency of criminal proceedings before a competent criminal court in respect of an offence alleged to have been committed by the applicant.

5.In the present case, the sole reason assigned by the respondents for not processing the petitioner’s application is the pendency of the aforesaid criminal case. However, it is not in dispute that a Coordinate Bench of this Court has stayed all further proceedings in C.C. No.1214 of 2024 by order dated 12.11.2024. Consequently, the respondents are required to consider the petitioner’s application in the light of the said order and in accordance with the provisions of the Passports Act, 1967.

6.In such circumstances, withholding consideration of the petitioner’s application solely on the basis of the pendency of the criminal case, without taking into account the subsisting order of stay granted by this Court, cannot be sustained.

7.Accordingly, this Court finds merit in the petitioner’s claim.

8.The writ petition is therefore allowed, and the second respondent is directed to process the petitioner’s application for issuance of a fresh passport in File No. TR1067352852725 dated 29.01.2025 and pass appropriate orders thereon, subject to the petitioner satisfying all other statutory requirements and eligibility criteria prescribed under law. 9.The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

10.There shall be no order as to costs.