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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 ["2024 0 Supreme(Ker) 1333"].
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 ["2024 0 Supreme(Kar) 368"], ["2023 0 Supreme(AP) 113"], ["2025 Supreme(Online)(Tel) 60376"], ["2024 0 Supreme(All) 263"].
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 ["2023 0 Supreme(AP) 113"], ["2024 0 Supreme(All) 263"], ["2022 Supreme(Online)(MAD) 16573"], ["2024 0 Supreme(All) 494"].
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 ["2023 0 Supreme(Jhk) 315"], ["2023 0 Supreme(Jhk) 302"], ["2023 0 Supreme(Jhk) 596"], ["2025 Supreme(Online)(Kar) 35816"].
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 ["2023 0 Supreme(Jhk) 315"], ["2023 0 Supreme(Jhk) 302"].
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 ["2024 0 Supreme(Ker) 1333"], ["2024 0 Supreme(Kar) 368"], ["2024 0 Supreme(All) 263"].
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 . 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 , particularly , 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 1978 0 Supreme(SC) 29. However, 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 like the , can be deemed illegal 2025 0 Supreme(SC) 380. In the landmark Maneka Gandhi v. Union of India (), the ruled that impounding a passport without giving an opportunity to be heard is illegal, unless exceptional circumstances justify such action 2025 0 Supreme(SC) 380. This established that passport actions carry and demand fairness.
A (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 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 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 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 of the Passports Act and related rules, authorities may refuse passports if an applicant is involved in a criminal case without a court NOC 2020 0 Supreme(AP) 659. A notification G.S.R.570(E) dated 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 from the concerned Court 2020 0 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 2022 0 Supreme(J&K) 408. The right to travel abroad is a facet of (personal liberty), and restrictions need statutory backing 2025 0 Supreme(Ori) 503. 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 2025 0 Supreme(Ori) 503.
Yes, courts typically can issue or direct an NOC post-seizure, provided:- The impoundment was unlawful, arbitrary, or breached 2025 0 Supreme(SC) 380.- Procedural safeguards under Sections 10(3) and 10(5) were ignored 1978 0 Supreme(SC) 29.- No exceptional security circumstances exist.
In K. Kannan, the absence of a proper impoundment order allowed NOC issuance 2011 0 Supreme(P&H) 1453. Similarly, courts have quashed impoundments for lacking show-cause notices or hearings, directing passport restoration 2013 0 Supreme(Del) 2477 2013 0 Supreme(Del) 2314. One case emphasized: the power conferred on the Passport Authority to impound a passport is , requiring reasons and hearings 2018 0 Supreme(UK) 146.
For minors or divorce cases, pendency doesn't bar passports; manuals can't override the Act 2023 0 Supreme(Kar) 419. The pendency of a divorce case does not prevent the issuance of a passport to a minor 2023 0 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 1978 0 Supreme(SC) 29.- Security/Emergency Cases: Exigent circumstances allow impoundment without prior notice, subject to review 2025 0 Supreme(SC) 380.- Pending Criminal Trials: NOC from the may still be needed 2020 0 Supreme(AP) 659.- Address or Document Issues: Revocations for unverifiable details require hearings 2013 0 Supreme(Del) 2477.
Impoundments under (e) for criminal cases demand personal hearings; mere FIRs aren't enough 2013 0 Supreme(Del) 2314. In matrimonial disputes like , are mandatory 2013 0 Supreme(Del) 961.
If your passport is seized:1. Demand Reasons: Request written grounds under 1978 0 Supreme(SC) 29.2. Seek Hearing: Challenge via if is denied 2025 0 Supreme(SC) 380.3. Approach Court for NOC: File for directing issuance if unlawful 2011 0 Supreme(P&H) 1453.4. Gather Documents: For criminal cases, obtain NOC per G.S.R.570(E) 2020 0 Supreme(AP) 659.5. Appeal if Needed: Use against non-Central Government orders 2018 0 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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