Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Granting Passport Despite Criminal Proceedings - Several judgments indicate that criminal cases pending against an individual do not automatically bar the issuance or renewal of a passport. Courts have consistently directed passport authorities to issue or renew passports without raising objections solely due to pending criminal cases, provided certain conditions are met. For example, courts have ordered the passport authority to issue passports without objections even when criminal proceedings under sections like 304-A IPC are pending, emphasizing that pendency alone does not make the passport application illegal or unlawful ["K. Arun Kumar Goud vs The Union of India - Telangana"], ["Nermati Ravinder Reddy vs Union of India - Telangana"], ["K. Arun Kumar Goud vs The Union of India - Telangana"].
Court's Power to Allow Travel and Issue Passports - Petitioners are generally permitted to file applications seeking permission to travel abroad. Courts have held that the magistrate’s discretion is crucial in deciding whether to grant such permission, especially when criminal cases are involved. The magistrate considers factors like the purpose of travel, urgency, and whether the petitioner has made proper undertakings, such as returning within a specified period ["JITHINLAL V.P vs REGIONAL PASSPORT OFFICER - Kerala"], ["MOHAMMED JALIJAS vs STATE OF KERALA - Kerala"].
Conditional Orders and Undertakings - Courts often require petitioners to deposit their passports with the court or authorities and may set conditions such as undertaking to return within a certain period or appearing before the court if required. These conditions aim to balance the petitioner’s right to travel with the need to ensure their presence for trial or investigation ["K. Arun Kumar Goud vs The Union of India - Telangana"], ["JITHINLAL V.P vs REGIONAL PASSPORT OFFICER - Kerala"].
Legal Framework and Limitations - The law distinguishes between the statutory power to impound a passport under section 10(3) of the Passport Act, 1967, and the judicial discretion to require deposit of a passport as a condition of bail or pending trial. Courts have noted that deposit conditions are rooted in the inherent power to regulate liberty, but impounding or impeding issuance based solely on criminal proceedings should be exercised cautiously. The Supreme Court has emphasized that the decision to impound or restrict passports must be based on specific statutory grounds, not mere pendency of cases ["RAM LUBHAYA AND OTHERS Vs STATE OF PUNJAB AND ANOTHER - Punjab and Haryana"].
Implication of Court Orders - When courts direct the issuance or renewal of passports, passport authorities are generally obliged to comply, even if criminal proceedings are pending, unless specific statutory restrictions apply. Courts have also clarified that the mere pendency of a case does not automatically justify refusal unless there are overriding statutory or legal reasons ["K. Arun Kumar Goud vs The Union of India - Telangana"], ["Nermati Ravinder Reddy vs Union of India - Telangana"].
Analysis and Conclusion:The prevailing legal position, based on the provided sources, is that a court can rely on its discretion to permit the issuance or renewal of passports for individuals involved in criminal cases, provided that the criminal proceedings do not explicitly prohibit travel or impoundment under statutory provisions. The courts have consistently directed passport authorities to issue passports without objections solely due to pending criminal cases, emphasizing that such cases do not inherently justify denying travel rights. However, courts also retain the power to impose conditions, such as deposit or undertakings, to ensure the petitioner’s presence during trial or investigation. Ultimately, the power to grant or restrict passports relies heavily on judicial discretion, statutory provisions, and the specific circumstances of each case.
In today's interconnected world, travel documents like passports are essential for personal and professional mobility. But what happens when legal proceedings intersect with travel plans? A common query arises: whether a grant power to release passport in JFCM court—in other words, does the Jammu & Kashmir Family Court Magistrate (JFCM) or similar courts have the authority to grant, issue, or release passports?
This question often surfaces in family disputes, criminal cases, or maintenance proceedings where one party seeks to travel abroad. While courts play a crucial role in such matters, their powers are strictly limited by statute. This post delves into the legal framework, drawing from the Passports Act, 1967, and relevant judicial precedents to clarify the position. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
JFCM refers to the Judicial First Class Magistrate in contexts like Jammu & Kashmir Family Courts, but similar magistrate courts appear across India (e.g., in Andhra Pradesh, Kerala). These courts handle family matters, criminal cases, and petty offenses. Passports, however, fall under central administrative control.
The right to travel abroad is a fundamental right under Article 21 of the Indian Constitution, but it is not absolute. Courts may impose travel restrictions via bail conditions or orders, yet they do not issue passports themselves. K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 0 Supreme(Mad) 1129
The Passports Act, 1967, is the cornerstone legislation. It vests passport authorities (Regional Passport Officers, Central Government) with powers to issue, refuse, impound, or revoke passports. Key sections include:
As held in multiple judgments, the powers are administrative and vested in the passport authorities and the Central Government, not on courts, including the JFCM. K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 0 Supreme(Mad) 1129
Courts lack statutory authority to grant or rely on passports as judicial functions. The framework emphasizes executive procedures. K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 0 Supreme(Mad) 1129
JFCM or family courts cannot issue passports. However, they interact indirectly:
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. Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659
Example: The petitioner shall deposit the original passport before the JFCM Court Atmakur... and be at liberty to file an application... seeking permission to travel. K. Arun Kumar Goud vs The Union of India - 2025 Supreme(Online)(Tel) 46890
Judicial precedents reinforce administrative primacy while showing courts' supportive roles:
| Scenario | Court Role | Passport Authority Role ||----------|------------|------------------------|| New/ Reissue with Pending Case | Issue NOC | Issue passport on NOC || Seized Passport | Direct deposit/permission | Impound/Revoke || Travel Permission | Conditional order | Final approval |
Key Takeaway: JFCM courts typically cannot grant or release passports directly; powers rest with authorities. Courts aid via NOCs and conditions.
In summary, no legal provision empowers JFCM or similar courts to grant, issue, or independently release passports. The Passports Act, 1967, delegates this to administrative bodies, with courts providing ancillary support like NOCs for pending cases. K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 0 Supreme(Mad) 1129Jai Singh VS State Of J & K - 1985 0 Supreme(SC) 19
If facing passport issues amid court proceedings, prioritize statutory procedures and professional advice. This ensures compliance while safeguarding rights. Stay informed, travel responsibly.
References:1. K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 0 Supreme(Mad) 1129: Passports Act provisions and notifications.2. Jai Singh VS State Of J & K - 1985 0 Supreme(SC) 19: Judgment on administrative powers.3. Other cases: Kadiyala Sudhakar Naidu VS Union Of India - 2024 Supreme(AP) 370, Kiran Kumar Rallapalli VS Union of India - 2020 Supreme(AP) 659, MOHAN LAL SEHJPAL VS STATE (THROUGH C. B. I) - 2017 Supreme(Del) 1575, etc., as cited.
#PassportLawIndia, #JFCMCourt, #CriminalCasePassport
(vi) The petitioner shall deposit the original passport before the the JFCM Court Atmakur, in C.C.No.1242 of 2022 after issuance of the passport. ... (vii) The petitioner shall be at liberty to file an application before the JFCM Court Atmakur, seeking permission to travel outside India. The JFCM Court Atmakur, shall consider the same in accordance with law. 7. ... section 304 A IPC of Kothakota Police station and the case is pending in J....
(vi) The petitioner shall deposit the original passport before the JFCM, Miryalaguda, Nalgonda, in C.C. No.592 of 2021, after renewal of the passport. ... (v) The Passport authority is directed to renew the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court. ... (vii) The petitioner shall be at liberty to file an application before the JFCM, Miryalaguda, Nalgonda, in C.C. No.592 of 2....
After the said transfer, the JFCM, Puttaparthi sent a letter to the JFCM, Penukonda requesting to send the original Mahajarnama. The said C.C.No.520 of 2024 is neither pending before JFCM, Penukonda nor before JFCM, Puttaparthi. ... that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would be depend on no objection being given by the concerned Court. ... to renew the passport without insisting on compliance with the not....
In such a view of the matter, it is for the Magistrate to decide whether petitioner ought to be permitted to travel abroad and whether the petitioner ought to be issued with a longer validity passport. ... Exhibit P3 THE TRUE COPY OF THE ORDER OF JFCM COURT-III, PERUMBAVOOR, IN CMP NO.715/2021 DATED 27/04/2021. ... The fact that petitioner intends to pursue study abroad is certainly a matter that merits consideration for issuing a passport with a longer validity. However, as mentioned....
(vi) The petitioner shall deposit the original passport before the the JFCM Court Atmakur, in C.C.No.1242 of 2022 after issuance of the passport. ... (vii) The petitioner shall be at liberty to file an application before the JFCM Court Atmakur, seeking permission to travel outside India. The JFCM Court Atmakur, shall consider the same in accordance with law. ... section 304 A IPC of Kothakota Police station and the case is pending in JFCM....
(vi) The petitioner shall deposit the original passport before the the JFCM Court Atmakur, in C.C.No.1242 of 2022 after issuance of the passport. ... (vii) The petitioner shall be at liberty to file an application before the JFCM Court Atmakur, seeking permission to travel outside India. The JFCM Court Atmakur, shall consider the same in accordance with law. 7. ... section 304 A IPC of Kothakota Police station and the case is pending in J....
It is this application for release of Passport and grant of permission to travel abroad has now been rejected by the trial court as per impugned Anx.A-3 order dated not leave India without the permission of the Court and that if he is having Passport, he shall deposit the same before the Trial Court within a week, and that if requires release of the Passport he p style="text-align ... It is submitted by the petitioner's counsel that, this Court may....
1.5.2012 Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THE JFCM COURT -III, THIRUVANANTHAPURAM IN CC NO 572/2005 DATED 20.9.2012 Exhibit P5 THE TRUE COPY OF THE CASE STATUS SEARCH RESULT OF CC NO 1280/2012 OF THE JFCM COURT-III, THIRUVANANTHAPURAM TAKEN FROM THE ... This Court further observed that, it is essential that till then there must be some yardstick to govern the grant of such no objections by criminal courts as otherwise, there is a possibility of the #H....
the grant of no objection by the criminal courts and it is for the legislature to fill up the lacuna by recourse to its rule making power or through proper amendments. ... OF CC NO 1280/2012 OF THE JFCM COURT-III, THIRUVANANTHAPURAM TAKEN FROM THE E-COURT SERVICE DATED 2.2.2022 Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 13/12/2021 ISSUED FROM THE INDIAN EMBASSY AT KUWAIT spc/ ... This Court further observed that, it is essential that till then there must be some ya....
the grant of no objection by the criminal courts and it is for the legislature to fill up the lacuna by recourse to its rule making power or through proper amendments. ... TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER DATED 2.6.2002 Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER DATED 1.5.2012 Exhibit P4 THE TRUE COPY OF THE JUDGMENT OF THE JFCM COURT -III, THIRUVANANTHAPURAM IN ... This Court further observed tha....
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....
If the Police seizes a Passport under Section 102 Cr.P.C., the Police has to thereafter send it along with a letter to the Passport Authority stating the reasons why the passport deserves to be impounded. 9. The Supreme Court has laid down that while the Police may have power to seize a passport under Section 102 of the Cr.P.C., it does not have the power to retain or impound a passport. It is thereafter for the Passport Authorities to decide whether to impound the passport or not. The power to retain or impound a passport has been conferred on the Passport Authority.
GLR 368 wherein also relying upon the decision of the Hon’ble Apex Court in the case of Suresh Nanda v. CBI reported in 2008 Criminal Law Journal 1599, this High Court has refused to release the passport in favour of the accused so as to enable him to visit U.S.A to attend her daughter who was not keeping good health. However, on scrutiny of such judgment, it becomes clear that issue before the Hon’ble Court in the case under reference was whether Investigating Officer [IO] has any power to seize passport during the investigation or that whether a competent Court, while releasing t....
This brings me to the question whether the power has been exercised by the passport authorities in the interest of general public. There is no gainsaying that FEMA has been enacted by the Parliament to protect the economic interest of the country. The preamble to FEMA makes this aspect quite clear when it refers to the fact that it is an Act made to consolidate and amend the law relating to foreign exchange, with the objective of facilitating external trade and payments, and for promoting the orderly development and maintenance of foreign exchange market in India. Therefore....
The rules of natural justice would, in the circumstances, be applicable in the exercise of the power of impounding a passport even on the orthodox view which prevailed prior to A.K. Kraipak case22. 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 circumstance....
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