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No Objection Certificate (NOC) issuance after passport seizure - Courts can issue a NOC permitting the issuance or re-issuance of a passport even if the passport authority has initially seized or impounded the passport. The court's role is to provide clearance, which can enable the passport authority to issue a fresh passport ["ISMAIL VALUMATHIGE S/O HASSAN VS UNION TERRITORY OF LAKSHADWEEP - Kerala"].
Effect of court orders and NOC on passport issuance - Several sources indicate that courts can issue a NOC or undertake to provide one, which the passport authorities may accept to process passport applications, including cases involving pending criminal cases or seized passports ["Shany Jose, Daughter Of Joy Cherian VS Union Of India, Ministry Of External Affairs, Represented Herein By Its Secretary - Karnataka"], ["Venkateswara Rao Maladi VS Regional Passport Office - Andhra Pradesh"], ["Mrs. Nidhi Agarwal vs Unionof India - Telangana"], ["Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - Allahabad"].
Legal framework and statutory provisions - Under Section 6(2)(f) of the Passports Act, 1967, the passport authority must refuse a passport if proceedings related to an offence are pending before a criminal court. However, courts can issue NOC or undertakings that may override police adverse reports, allowing passport issuance ["Venkateswara Rao Maladi VS Regional Passport Office - Andhra Pradesh"], ["Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - Allahabad"], ["PRAMOD KUMAR vs STATE REP BY - Madras"], ["Sapna @ Sapna Choudhary VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad"].
Court discretion and procedural requirements - Courts have the authority to issue NOC for passport issuance or renewal, including for short validity or specific conditions. The issuance of NOC often requires the applicant to produce a court order or undertaking, and courts have emphasized that passport authorities should consider such NOCs favorably, especially when the applicant is not facing substantive legal barriers ["Kundan Kumar @ Kundan Kumar Sharma VS Union of India - Jharkhand"], ["Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick VS Union of India - Jharkhand"], ["Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick VS Union of India through Passport Officer, Ranchi - Jharkhand"], ["SRI. IVAN MIRANDA vs UNION OF INDIA - Karnataka"].
Limitations and procedural nuances - While courts can issue NOC, the passport authority's decision to issue or renew a passport depends on compliance with procedural rules, including proper submission of NOC or undertakings, and adherence to statutory provisions. In some cases, courts have clarified that passport renewal is primarily between the applicant and the passport authority, and courts do not directly control the issuance process but can facilitate it through NOC ["Kundan Kumar @ Kundan Kumar Sharma VS Union of India - Jharkhand"], ["Mohammed Hubban Mallick @ Hubban Mallick @ Md. Hubban Mallick VS Union of India - Jharkhand"].
Analysis and Conclusion:Courts can indeed issue a No Objection Certificate or equivalent undertakings in cases where a passport has been seized or impounded. Such NOCs serve as legal clearance allowing the passport authority to process new or renewed passport applications, even amid pending criminal proceedings or prior seizure. The legal framework recognizes the court’s discretion to issue NOCs, which can override adverse police reports or statutory restrictions, provided procedural requirements are met. Therefore, a court has the authority to issue a NOC in cases where the passport authority has seized a passport, facilitating the issuance of a new or renewed passport ["ISMAIL VALUMATHIGE S/O HASSAN VS UNION TERRITORY OF LAKSHADWEEP - Kerala"], ["Shany Jose, Daughter Of Joy Cherian VS Union Of India, Ministry Of External Affairs, Represented Herein By Its Secretary - Karnataka"], ["Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - Allahabad"].
Imagine planning an urgent trip abroad only to find your passport seized by authorities. You're left wondering: Can a court issue a no-objection certificate in cases where the passport authority has seized a passport? This is a common concern for many facing administrative actions under the Passports Act, 1967. In this post, we break down the legal framework, judicial precedents, and practical steps, drawing from key statutes and court rulings. Note: This is general information, not specific legal advice. Consult a qualified lawyer for your situation.
Passport authorities in India have powers under the Passports Act, 1967, particularly Section 10(3), to impound or revoke passports. This section allows action if it's necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29. However, Section 10(5) mandates that reasons be recorded in writing and furnished to the holder on demand, unless against public interest.
Courts have repeatedly stressed that these powers are not absolute. Impoundment without following procedures, including principles of natural justice like the right to be heard, can be deemed illegal Vishal Shah VS Monalisha Gupta - 2025 0 Supreme(SC) 380. In the landmark Maneka Gandhi v. Union of India (1978), the Supreme Court ruled that impounding a passport without giving an opportunity to be heard is illegal, unless exceptional circumstances justify such action Vishal Shah VS Monalisha Gupta - 2025 0 Supreme(SC) 380. This established that passport actions carry civil consequences and demand fairness.
A No Objection Certificate (NOC) often serves as a procedural tool to facilitate passport issuance or re-issuance post-seizure. While passport authorities typically handle NOCs, courts can intervene, especially if the seizure was unlawful or procedurally flawed Jaswinder Singh VS Union of India - 2011 0 Supreme(P&H) 1453. In K. Kannan, the court noted that the order impounding a passport must be based on material and that the affected person must be given an opportunity to be heard Jaswinder Singh VS Union of India - 2011 0 Supreme(P&H) 1453. Even without a formal impoundment order, courts may direct an NOC if the holder is otherwise entitled.
Judicial precedents affirm courts' jurisdiction. For instance, in cases like Mohammed Hubban Mallick, courts have upheld their power to issue or direct NOCs, ensuring adherence to natural justice Mohd. HussaIn Ansari VS Secretary, Govt. Of Maharashtra, Home Department, Mantralaya, Bombay and others - 1982 0 Supreme(Bom) 39. Generally, if the seizure violates statutory safeguards, a court may quash it and mandate an NOC.
NOCs frequently arise in contexts like pending criminal cases. Under Section 6(2)(f) of the Passports Act and related rules, authorities may refuse passports if an applicant is involved in a criminal case without a court NOC Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659. A notification G.S.R.570(E) dated 25.08.1993 outlines the procedure: the passport authority may refuse to grant a passport if the applicant is involved in a criminal case unless he produces a No Objection Certificate from the concerned Court Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659.
However, mere FIR registration doesn't justify denial. In one ruling, the court held that mere registration of an FIR and initiation of investigation by the police is not sufficient grounds to deny the issue/re-issue of a passport Rajesh Gupta VS Union of India - 2022 Supreme(J&K) 408. The right to travel abroad is a facet of Article 21 (personal liberty), and restrictions need statutory backing Ashok Kumar Behera vs State of Odisha - 2025 Supreme(Online)(Ori) 4144. For government employees or those with pending disciplinary proceedings, blanket NOC refusals infringe fundamental rights, as mere pendency of disciplinary proceedings does not justify denial Ashok Kumar Behera vs State of Odisha - 2025 Supreme(Online)(Ori) 4144.
Yes, courts typically can issue or direct an NOC post-seizure, provided:- The impoundment was unlawful, arbitrary, or breached natural justice Vishal Shah VS Monalisha Gupta - 2025 0 Supreme(SC) 380.- Procedural safeguards under Sections 10(3) and 10(5) were ignored Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29.- No exceptional security circumstances exist.
In K. Kannan, the absence of a proper impoundment order allowed NOC issuance Jaswinder Singh VS Union of India - 2011 0 Supreme(P&H) 1453. Similarly, courts have quashed impoundments for lacking show-cause notices or hearings, directing passport restoration Rajbardhan Singh Rajpoot VS Union of India - 2013 Supreme(Del) 2477Anand Tewari VS Union of India - 2013 Supreme(Del) 2314. One case emphasized: the power conferred on the Passport Authority to impound a passport is quasi-judicial power, requiring reasons and hearings Poonam Chaudhary VS Union of India - 2018 Supreme(UK) 146.
For minors or divorce cases, pendency doesn't bar passports; manuals can't override the Act Indira M. , D/o. Munikrishnappa VS Union Of India, Represented By Its Secretary, Ministry Of External Affairs - 2023 Supreme(Kar) 419. The pendency of a divorce case does not prevent the issuance of a passport to a minor Indira M. , D/o. Munikrishnappa VS Union Of India, Represented By Its Secretary, Ministry Of External Affairs - 2023 Supreme(Kar) 419.
Courts' powers aren't unlimited:- Lawful Impoundments: If procedures were followed (e.g., hearing given, reasons recorded), NOC issuance may be restricted Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29.- Security/Emergency Cases: Exigent circumstances allow impoundment without prior notice, subject to review Vishal Shah VS Monalisha Gupta - 2025 0 Supreme(SC) 380.- Pending Criminal Trials: NOC from the trial court may still be needed Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659.- Address or Document Issues: Revocations for unverifiable details require hearings Rajbardhan Singh Rajpoot VS Union of India - 2013 Supreme(Del) 2477.
Impoundments under Section 10(3)(e) for criminal cases demand personal hearings; mere FIRs aren't enough Anand Tewari VS Union of India - 2013 Supreme(Del) 2314. In matrimonial disputes like Section 498A, speaking orders are mandatory MANISH KUMAR MITTAL VS CHIEF PASSPORT OFFICER - 2013 Supreme(Del) 961.
If your passport is seized:1. Demand Reasons: Request written grounds under Section 10(5) Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29.2. Seek Hearing: Challenge via writ petition if natural justice is denied Vishal Shah VS Monalisha Gupta - 2025 0 Supreme(SC) 380.3. Approach Court for NOC: File for mandamus directing issuance if unlawful Jaswinder Singh VS Union of India - 2011 0 Supreme(P&H) 1453.4. Gather Documents: For criminal cases, obtain trial court NOC per G.S.R.570(E) Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659.5. Appeal if Needed: Use Section 11 against non-Central Government orders Poonam Chaudhary VS Union of India - 2018 Supreme(UK) 146.
Passport authorities should ensure quasi-judicial processes to avoid judicial overrides.
In conclusion, while passport authorities hold impoundment powers, courts act as safeguards, potentially issuing NOCs to uphold rights. Stay informed, act promptly, and seek professional guidance to navigate these complexities.
#PassportNOC, #SeizedPassport, #TravelRightsIndia
At the same time, the learned Senior Panel Counsel would submit that if the Court issues No Objection Certificate, the Passport Authority could very well issue a fresh passport as per law. 8. ... Thus this is a fit case to issue No Objection Certificate. 11. ... When the Passport Authority seized his passport, even if he might not have been awa....
Since the passport is not de-seized, the petitioner is before this Court. 6. ... The exemption orders produced by the petitioners as Exts.P16 and P17 also reveal that No Objection Certificate has been issued for short periods. ... Any Indian citizen whose passport has been seized for travel to Yemen despite the travel ban can approach the respective Passport Issuing Authority for release of the passport. ... possi....
Accordingly, the petitioner submitted the ‘No Objection Certificate’ from the Hon’ble Senior Civil Judge’s Court, Addanki in connection with C.C.No.1 of 2017 and submitted the same to the passport authority at Visakhapatnam on 26.08.2022. ... of criminal case and as such, the petitioner need not obtain ‘No Objection Certificate’ from the concerned Court. ... Even after submission of ‘No Objection Certificate’ from ....
The petitioner is aggrieved by non-issue of No Objection Certificate by the authorities required for issuance of passport. ... of NOC (No Objection Certificate) to Government Employee for Indian passport. ... Government/PSU employees, et al., are required to submit Identity Certificate, No Objection Certificate (NOC) or Prior Intimation Certificate as per the prescribed pro- forma at Annexure ’A’....
submit a revised No Objection Certificate (NOC). ... can seek no objection certificate from the concerned court for issuance of a passport for a short validity period of one year or for the period specified by the court. ... If the petitioner is able to make out a case in her favour before the concerned court, it is open for the concerned court to take a view on her application for ‘No Objection Certific....
issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births and Deaths is acceptable. ... In case divorce proceedings are pending, court permission is required for issue of passport to a minor child.” 4.6. Divorce pending cases: In case divorce is still pending before the Court, the PIA shall insist on consent of both the parents. ... In such a situation, the Mission/Post may #HL_....
(i) the learned II Additional District Judge (CBI Cases), Coimbatore, is directed to issue No Objection Certificate for re issuance of passport; (ii) After ... Further, as per the said Executive Order, it is not mandatory that Court shall issue No Objection Certificate. 13. ... As per Section 6(2)(f) of the Passports Act, 1967, the Passport Authority shall refuse a passport when ....
as well as to submit a revised No Objection Certificate (NOC). ... authority concerned during pendency of his criminal case, but there is no statutory bar for giving no objection by the court concerned. ... Section 6(2)(f) of the Act states that the passport authority shall refuse to issue a passport or travel document to an applicant on the ground that proceedings in respect of an offence alleged to have been commit....
The petitioner submits that since there was no criminal proceeding pending in any Court, therefore, he could not submit No Objection Certificate from the Court. ... a report from the police, which indicates that FIR No. 3/2019 is registered against him, as such, the petitioner is required to furnish No Objection Certificate from the Hon'ble Court. ... The impugned notice is assailed and the writ of mandamus prayed for in the petition is claimed primarily on the ground....
a revised No Objection Certificate (NOC). ... the authority concerned during pendency of his criminal case, but there is no statutory bar for giving no objection by the court concerned. ... (ii) Whenever an applicant is submitting a 'No Objection Certificate' (NOC) from a Court of law in India, the applicant should be advised that undertaking as per GSR 570(E) should be complete in all respects and should mention all the pending criminal c....
In terms of the above provisions, the passport authority may refuse to grant a passport if the applicant is involved in a criminal case unless he produces a No Objection Certificate from the concerned Court. 8. Therefore, a conjunctive study of Section 6(2)(f) read with the Form EA(P)-1 would clearly depict that for granting a new/reissue, replacement of lost/damaged passport, Section 6(2)(f) of the Act is very much applicable. (a) In the above context, the Ministry of External Affairs, issued notification vide G.S.R.570(E) dated 25.08.1993. The said notification reads thus....
The Passport Authority is also required by Sub-section (5) of Section 10 to record in writing a brief statement of the reasons for making an order impounding a passport and, save in certain exceptional situations, the Passport Authority is obliged to furnish a copy of the statement of reasons to the holder of the passport. It is clear on a consideration of these circumstances that the test laid down in the decisions of this Court for distinguishing between a quasi-judicial power and an administrative power is satisfied and the power conferred on the Passport Authority to impound a passport i....
The Passport Authority is also required by Sub-section (5) of Section 10 to record in writing a brief statement of the reasons for making an order impounding a passport and, save in certain exceptional situations, the Passport Authority is obliged to furnish a copy of the statement of reasons to the holder of the passport. It is clear on a consideration of these circumstances that the test laid down in the decisions of this Court for distinguishing between a quasi-judicial power and an administrative power is satisfied and the power conferred on the Passport Authority to impound a passport i....
Where the Passport Authority which has impounded a passport is other than the Central Government, a right of appeal against the order impounding the passport is given by Section 11, and in the appeal, the validity of the reasons given by the Passport Authority for impounding the passport can be canvassed before the Appellate Authority. It is clear on a consideration of these circumstances that the test laid down in the decisions of this Court for distinguishing between a quasi-judicial power and an administrative power is satisfied and the power conferred on the Passport Au....
It is clear on a consideration of these circumstances that the test laid down in the decisions of this Court for distinguishing between a quasi-judicial power and an administrative power is satisfied and the power conferred on the Passport Authority to impound a passport is quasi-judicial power. Where the Passport Authority which has impounded a passport is other than the Central Government, a right of appeal against the order impounding the passport is given by Section 11, and in the appeal, the validity of the reasons given by the Passport Authority for impounding the passport ca....
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