Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The legal framework, including the Passport Act, mandates that courts' orders or permissions are essential for travel abroad, especially when criminal cases are involved. Passing of an order in terms of the Notification dated 28.06.1993 is slightly different than grant of permission to travel abroad ["MOHD IMRAN KHAN Vs. STATE OF RAJASTHAN - Rajasthan"].
Analysis and Conclusion:
References:- ["Pradyumn Ahuja VS State of NCT of Delhi - Delhi"]- ["MOHD IMRAN KHAN Vs. STATE OF RAJASTHAN - Rajasthan"]- ["Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263"]- ["Sri Balvinder Singh vs The Union of India - Telangana"]- ["MOHD IMRAN KHAN Vs. STATE OF RAJASTHAN - Rajasthan"]- ["Mahesh Kumar Agarwal VS Union of India - Supreme Court"]- ["SMT. KASTURI RAJUPETA vs UNION OF INDIA - Karnataka"]- ["Jitender Babu Ravula. vs Government of India - Telangana"]- ["Mahesh Kumar Agarwal VS Union of India - Calcutta"]- ["Jitender Beni Ravula vs Government of India - Telangana"]- ["MUHAMMED RAFSAL, S/o. EBRAHIM KOKKARANIKKAL HASSAN VS UNION OF INDIA - Kerala"]- ["Jesmon Joy Karippery VS State Of Kerala - Kerala"]- ["NIZAR vs STATE OF KERALA - Kerala"]- ["Karti P. Chidambaram VS Regional Passport Officer, Chennai Regional Passport Office, Chennai - Madras"]- ["Mr. Srivatsava Sunkara vs The Union of India - Telangana"]- ["Janaki Ram Sarma Kandanur vs The Union of India - Telangana"]- ["SMT. KASTURI RAJUPETA vs UNION OF INDIA - Karnataka"]
In today's globalized world, traveling abroad for work, family, or leisure is common. However, for individuals with pending criminal cases, renewing a passport or obtaining permission to leave India can feel like navigating a legal minefield. A frequent question arises: Can courts grant permission to go abroad along with passport renewal? This post breaks down the legal landscape, drawing from constitutional rights, statutes, and judicial precedents to provide clarity.
While this information is based on established laws and cases, it is for educational purposes only and not specific legal advice. Consult a qualified lawyer for your situation.
The Indian Constitution safeguards personal liberty, and courts have long recognized the right to travel abroad as part of this. Article 21 guarantees the right to life and personal liberty, which includes the freedom to travel internationally unless lawfully restricted. In Maneka Gandhi v. Union of India (1978) AIR SC 597, the Supreme Court emphasized that such rights cannot be curtailed arbitrarily Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263.
Key judicial findings affirm: The right to travel abroad is a fundamental right under Article 21 Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263Potturi Radhika VS Union Of India - 2024 Supreme(AP) 374. Passport renewal, as a civil document of identity, generally cannot be denied solely due to pending criminal proceedings, particularly if the cases are not heinous, no conviction exists, and no explicit statutory bar applies Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263.
The Passports Act, 1967, governs issuance and renewal. Section 6(2)(f) lists pending criminal proceedings as a ground for refusal, but this is not absolute. A pivotal exemption notification, G.S.R. 570(E) dated 25.08.1993, states that citizens with pending cases can obtain passports if they produce court orders permitting departure Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263.
This liberalizes access, balancing individual rights with state interests. Courts stress that passport authorities must apply these provisions fairly, without arbitrary denial Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263. For instance, in one case, the court directed renewal despite adverse police remarks, holding that passport renewal cannot be denied solely due to pending criminal proceedings Potturi Radhika VS Union Of India - 2024 Supreme(AP) 374.
Indian courts, including the Supreme Court and High Courts, have consistently ruled in favor of applicants in non-serious cases. Here's a breakdown:
No Automatic Bar for Pending Cases: Merely pendency does not bar renewal or issuance, especially without conviction. The issuance or renewal of passports cannot be arbitrarily denied, especially when the individual is not convicted and the case is not of a serious nature Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263.
Renewal vs. Travel Permission: In some instances, renewal is sought purely as an identity document, not for immediate travel. The petitioner applied only for renewal of his passport and is not seeking permission to travel abroad... The prayer is confined to renewal of the passport as a civil document of identity PRADEEP KUMAR SARWOGI Vs. UNION OF INDIA - 2026 Supreme(Online)(Raj) 2455. Courts have quashed conditions requiring deposit of passports post-renewal if not justified.
Court Permission for Departure: Where needed, courts direct applicants to seek magistrate permission. Considering the aforesaid notification... this petition is required to be allowed by giving opportunity to the petitioner to approach the concerned Magistrate with an appropriate application for permitting him to go abroad for a particular time limit Ballav Kr @ Sriballav Kar VS Govt Of India - 2019 Supreme(Ori) 120. If granted, passport authorities must issue for the permitted period Farha VS State of Gujarat - 2017 Supreme(Guj) 957.
Specific Rulings on Rights: In Vangala Kasturi Rangacharyulu v. CBI (2021), the Supreme Court reiterated the fundamental nature of travel rights Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263. Similarly, The right to travel abroad is a fundamental right, and passport renewal cannot be denied solely due to pending criminal proceedings Potturi Radhika VS Union Of India - 2024 Supreme(AP) 374. High Courts have directed renewal even in family-related cases, presuming innocence until proven guilty Potturi Radhika VS Union Of India - 2024 Supreme(AP) 374.
Bail Conditions and Compliance: Courts often impose conditions like reporting or surrendering passports temporarily. The applicant shall surrender his passport before the jurisdictional Court and shall not go abroad without the permission of the said Court Santhosh K. VS State of Kerala - 2021 Supreme(Ker) 1086. Yet, upon compliance and return, permissions are extended: The applicant has returned back and reported to the concerned Court... permission for releasing of passport and permitted to visit abroad Bhaveshbhai Rameshbhai Shanabhai Patel VS Regional Passport Officer - 2019 Supreme(Guj) 861.
In appeals against acquittal, even High Court pendency does not justify withholding passports, as it would infringe fundamental rights Farha VS State of Gujarat - 2017 Supreme(Guj) 957.
If facing this issue:
One case noted limited-time permissions: The permission to travel abroad granted to the petitioner is only one time. The petitioner would be required to seek permission from the competent court whenever she plans to visit abroad in future KAFIYA BANO Vs. STATE OF RAJASTHAN - 2026 Supreme(Online)(Raj) 3247.
Courts adopt a balanced approach:
Cases involving serious offences, final convictions, or security threats may warrant restrictions on passport issuance or renewal Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263.
In summary, courts generally grant permission to go abroad alongside passport renewal when balanced against individual rights, unless serious concerns prevail. Stay informed, comply with conditions, and seek professional guidance to safeguard your travel freedoms.
References: All citations drawn from provided legal documents including Kashif Ahmad VS Union Of India Thru. Secy. Ministry Of External Affairs New Delhi - 2024 0 Supreme(All) 263, PRADEEP KUMAR SARWOGI Vs. UNION OF INDIA - 2026 Supreme(Online)(Raj) 2455, KAFIYA BANO Vs. STATE OF RAJASTHAN - 2026 Supreme(Online)(Raj) 3247, Potturi Radhika VS Union Of India - 2024 Supreme(AP) 374, Santhosh K. VS State of Kerala - 2021 Supreme(Ker) 1086, Bhaveshbhai Rameshbhai Shanabhai Patel VS Regional Passport Officer - 2019 Supreme(Guj) 861, Ballav Kr @ Sriballav Kar VS Govt Of India - 2019 Supreme(Ori) 120, Farha VS State of Gujarat - 2017 Supreme(Guj) 957. This post ~1050 words.
#PassportRenewal #TravelAbroadIndia #LegalRightsIndia
The petitioner filed an application for grant of No Objection Certificate (NOC) for issuance/renewal of passport of the petitioner in the said complaint case. ... (Oral)--By way of the present petition, the petitioner impugns the order dated 1st May, 2023 passed by the ACMM, East District, Karkardooma Court in Complaint Case No.52496/2016, whereby the application of the petitioner for grant of permission for issuance/renewal of passport for ten years has been ... If s....
AE493286 for a period of ten years, instead of one year, along with consequential permission to travel abroad. 2. ... Notification dated 28.06.1993 requires the Court to grant permission to travel abroad and on the basis of such order, the passport is required to be issued. If such order does not specify the period of travel, passport can be issued for 1 year. ... True it is that he has not given specific date or period of travel but the trial Court....
No.839 of 2024 and submits that there is no restriction to the learned trial court to direct for grant of permission for renewal of passport. ... this Court has no jurisdiction for granting the permission of renewal of passport. ... Learned counsel for the petitioner further submits that an application was filed by the petitioner before the learned Additional Chief Judicial Magistrate-V, Room No.29, Lucknow for grant of permission f....
This purpose will be served by imposing certain conditions such as seeking prior permission of the Court before travelling abroad, re-deposit of passport immediately after renewal. ... If the petitioner intend to travel abroad, they shall file an application before the trial Courts in cases pending against them seeking permission to travel abroad and it is for the trial Courts to consider the same in accordance with law. ... Accordi....
Notification dated 28.06.1993 requires the Court to grant permission to travel abroad and on the basis of such order, the passport is required to be issued. If such order does not specify the period of travel, passport can be issued for 1 year. ... True it is that he has not given specific date or period of travel but the trial Court should have passed order of issuing passport. Passing of an order in terms of the Notification dated 28.06.1993 is slightly different than gran....
The NIA Court granted no objection for renewal, released the passport for that limited purpose, directed redeposit after renewal and prohibited the appellant from obtaining any visa or travelling abroad without its permission. ... In our view, once the criminal courts, with full knowledge of the pending proceedings, consciously allowed renewal subject to the condition that the appellant shall not travel abroad without their permission#HL_EN....
He submitted that the petitioner applied only for renewal of his passport and is not seeking permission to travel abroad. ... the petitioner is not seeking permission to travel abroad. ... The petitioner has not sought permission to travel abroad. The prayer is confined to renewal of the passport as a civil document of identity. The condition imposed while granting anticipatory bail restrains the petitioner from le....
for renewal of his passport. ... denying permission. ... If an applicant has criminal proceedings pending before several Courts, they are advised to obtain an NOC from all concerned Courts. Further, the order of the Court is to be examined along with the undertaking submitted by the applicant, as well as any other orders of the Court. ... However, in cases where criminal proceedings are pending, the Passport Authorities issue or renew passports for the duration speci....
Kafiya Bano”, whereby the application filed by the petitioner seeking renewal of passport for a regular period of ten years as well as permission to go abroad has been rejected. ... Further, the permission to travel abroad granted to the petitioner is only one time. The petitioner would be required to seek permission from the competent court whenever she plans to visit abroad in future. ... So far as the permission to travel #HL_S....
Through Exts.P1 and P2 orders, the courts concerned had permitted the petitioner to renew the passport for a period of two years and also to travel abroad. ... Upon the renewal of the passport, the petitioner may seek permission to travel abroad from the Special Court for SC/ST (POA) Act, Mannarkkad, in S.C. No. 43 of 2018 and S.C. No. 448 of 2018, which dehors shall be considered on its merits and the reasoning in Exts.P3 and P4. ... of his passport....
The right to travel abroad is a fundamental right, and passport renewal cannot be denied solely due to pending criminal proceedings. Venkateswarlu Nimmagadda, J. 1. This writ petition is filed claiming the following relief: “…to issue writ, direction or order more particularly in the nature of writ of mandamus declaring the action of the 2nd respondent/Passport Officer in not renewing my passport bearing No.H9804377 as illegal, arbitrary and capricious against the principles of natural justice offending Articles 19 and 21 of the Constitution of India and consequently dire....
The applicant shall furnish his address and telephone No. to the investigating officer. 1. The applicant shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months or till filing of the final report whichever is earlier. The release of the passport shall also be considered by the said Court as and when necessary. 2. The applicant shall surrender his passport before the jurisdictional Court and shall not go abroad without the permission of the said Court.
The applicant has returned back and reported to the concerned Court. As this Court has granted permission for releasing of passport and permitted to visit abroad. At present, there is no need to deviate from the earlier order passed by this Court.
Considering the aforesaid notification issued by the Central Government, as well as considering the judgment of the Bombay High Court, in my view, this petition is required to be allowed by giving opportunity to the petitioner to approach the concerned Magistrate with an appropriate application for permitting him to go abroad for a particular time limit. If the concerned Magistrate permits the petitioner to go abroad for a particular period on the basis of such order, it will be open for the petitioner to request the passport authority to grant him passport for a limited period, du....
If the concerned criminal court, before whom the criminal cases are pending, permits the petitioner to go abroad, the passport authority may pass appropriate order in the matter of issuing passport to the petitioner in terms of the order of the criminal court and subject to the conditions laid down by the Notification. If the concerned Magistrate permits the petitioner to go abroad for a particular period on the basis of such order, it will be open for the petitioner to request the passport authority to grant him passport for a limited period, during which he is permitted to go abr....
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