Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Travel plans can hit roadblocks when facing passport renewal or reissuance, especially with ongoing legal issues. Many Indians wonder: reissuing passport—is it possible amid pending criminal proceedings or recent convictions? This blog dives into the legal nuances under the Passports Act, 1967, court interpretations, and practical steps, helping you understand when authorities must issue, renew, or refuse.
Note: This is general information based on statutes and judgments. It is not legal advice. Consult a lawyer for your specific situation.
Reissuing or renewing a passport is generally treated like a fresh issuance under Section 5 of the Passports Act, 1967. Section 5(2) empowers the passport authority to issue, endorse, or refuse after inquiry, with reasons recorded for refusals. Vangala Kasturi Rangacharyulu VS Central Bureau of Investigation - 2021 0 Supreme(SC) 992Santhosh Beejadi Srinivasa S/O Srinivasa Rao B. G. VS Union Of India Ministry Of External Affairs Regional Passport Office - 2023 0 Supreme(Kar) 564Karti P. Chidambaram VS Regional Passport Officer, Chennai Regional Passport Office, Chennai - 2024 0 Supreme(Mad) 310
Key distinctions:- Reissuance (fresh passport): Often via Form EA(P)-1, may require police verification and No Objection Certificate (NOC) for pending cases.- Renewal (extension): For short-term passports under Section 8, using Form EA(P)-2, which typically omits NOC requirements. Section 8 states: Where a passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall... be extendable... and provision of this Act shall apply to such extension as they apply to the issue thereof. Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29Mahesh Kumar Agarwal VS Union of India - 2024 0 Supreme(Cal) 1382
Rule 5 of the Passport Rules, 1980, mandates Schedule III forms, differentiating EA(P)-2 for renewals from EA(P)-1 for new/reissues. Ashok Khanna vs Central Bureau of Investigation - Delhi (2019)
Section 6(2) lists mandatory refusal grounds, including:- Section 6(2)(e): Conviction for an offence with a sentence of not less than two years' imprisonment for moral turpitude.- Section 6(2)(f): Pending proceedings before a criminal court in India.
Section 6(2)(f) states that the passport authority shall refuse... if proceedings... are pending. Karti P. Chidambaram VS Regional Passport Officer, Chennai Regional Passport Office, Chennai - 2024 0 Supreme(Mad) 310
However, courts often intervene. Pendency of appeals or trials doesn't automatically bar renewal if the sentence is under two years. In one ruling: The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal... The passport authority is directed to renew the passport of the applicant without raising the objection relating to the pendency of the criminal appeal. Vangala Kasturi Rangacharyulu VS Central Bureau of Investigation - 2021 0 Supreme(SC) 992
For renewals via EA(P)-2: in EA(P)-2, there is no such condition to take certificate from the court... section 6 is not applicable in the present case. Ashok Khanna vs Central Bureau of Investigation - Delhi (2019) Yet, Section 6 applies broadly to reissues/renewals. Karti P. Chidambaram VS Regional Passport Officer, Chennai Regional Passport Office, Chennai - 2024 0 Supreme(Mad) 310
Short-term passports (e.g., one year) issued due to cases can be extended under Section 8 without full re-verification. Mirza Habib ul Hassan Beigh VS Union of India - 2018 0 Supreme(J&K) 170
Indian courts frequently direct passport authorities via writs under Article 226, balancing rights with security.
Recent cases reinforce this. In a petition challenging non-reissuance despite prior court directions, applicants succeeded by highlighting procedural lapses. Luqman Affendi vs Govt. of India - 2024 Supreme(Online)(TEL) 18228Luqman Affendi vs Govt. of India - 2024 Supreme(Online)(TS) 6460
For minor children's passports amid parental disputes, courts prioritize welfare: Welfare of minor child is paramount... Either of parties is permitted to approach trial court for permission to apply for a fresh passport for child. Harkesh Kumar Dang VS Union of India
Even with customs letters prompting impounding, authorities can't act mechanically: Decision of impounding the passport should not be taken by passport authority merely on letter by customs authority. Sinder Pal VS Union of India - 2017 Supreme(P&H) 767
In dignity-related matters, passports were released conditionally: the passport authority after renewal of the passport shall release the passport in favour of the applicant. ACHARYA BAL KRISHNA VS C. B. I. THROUGH SUPERINTENDENT OF POLICE,CBI/SPE DEHRADUN, UTTARAKHAND - 2018 Supreme(UK) 482
Multiple identity certificates don't bar fresh passports: issuance of fresh passport could not be a ground to refuse the passport to the petitioner. SANGHE TENPA LAMA VS UNION OF INDIA - 2017 Supreme(Del) 1711
Not all cases lead to refusal:- Notifications: GSR 570(E)/580(E) exempt government servants in official-duty cases from Section 6(2)(f). Mirza Habib ul Hassan Beigh VS Union of India - 2018 0 Supreme(J&K) 170- Short-term extensions: Validity below six months amid cases may deny reissuance without updated verification. Santhosh Beejadi Srinivasa S/O Srinivasa Rao B. G. VS Union Of India Ministry Of External Affairs Regional Passport Office - 2023 0 Supreme(Kar) 564- Public interest: Overrides under Section 6(2)(i)/10(3)(c), but no absolute right—comply with biometrics/police verification reports (PVR).
Reissuance applications post-expiry follow online norms as 'reissue,' but pending cases trigger scrutiny.
To boost success:1. Choose the right form: EA(P)-2 for pure renewals to skip NOC.2. Obtain court NOC or cite exemptions/notifications.3. File writ if denied mechanically—courts direct processing with reasons.4. For impounded passports, seek release with undertakings: e.g., affidavit to report back post-travel. ACHARYA BAL KRISHNA VS C. B. I. THROUGH SUPERINTENDENT OF POLICE,CBI/SPE DEHRADUN, UTTARAKHAND - 2018 Supreme(UK) 4825. Surrender conflicting documents like identity certificates first. SANGHE TENPA LAMA VS UNION OF INDIA - 2017 Supreme(Del) 1711
Authorities must record reasons for short-term issuances/extensions under Sections 7-9. Mahesh Kumar Agarwal VS Union of India - 2024 0 Supreme(Cal) 1382
Stay informed on Passport Rules updates. For personalized guidance, approach legal experts or passport offices with full documentation. Safe travels!
THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27403 OF 2025 ORDER This Writ Petition is filed aggrieved by the action of the respondents in not reissuing ... Officer/Authority concerned for re-issuance of passport; iv) On filing such an application, the Passport Officer/Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by ... the petitioner for issuance of passport, in accordance with law, within three (03) w....
He further submits that the petitioner earlier filed W.P.No.35582 of 2024 before this Court, and the same was allowed vide order dated 24.12.2024, directing respondent No.2 to take steps for reissuing the passport. ... He applied for renewal of his passport No.C8040626, and the 2nd respondent - Passport Officer, Secunderabad, has renewed the passport for a period of one year instead of the usual ten-year period. Hence, this writ petition. 2. Heard Sri B. ... Accordingly, respondent No.2 has issued the n....
On the ground of pendency of the aforesaid criminal case against the petitioner, respondent No.2 is not reissuing the passport to the petitioner. ... Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal. ... herein as well as the contents of the undertaking given by the petitioner for reissue of passport in accordance with law, within three (03) weeks; v) On re-issuance of Pass....
By the present writ petition, the petitioner is praying for appropriate direction holding the action of the respondent in reissuing the passport of the petitioner only for one year as illegal since the said passport was issued on 13.06.2022 with a validity till 12.06.2032. ... and does not specify the validity of the passport, then the passport shall be issued for period of travel abroad specified in the order. ... He submits that in view of said Notification, the passport authorities ....
The issue lies in a narrow compass, with regard to the action of the respondent in not reissuing the passport as was sought by the petitioner. As observed, the petitioner is a holder of an Indian passport, which was issued to him on 05.04.2013 and its validity was upto 04.04.2023. ... He is said to be holding a passport issued by the Regional Passport Office, Bengaluru, on 05.04.2013, which was valid till 04.04.2023. Six months prior to the expiry of the passport, the petitioner submit....
It is the further case of the petitioner that he made another application, dated 10.10.2023 on the file of respondent No.2 for renewing/reissuing his passport vide application No. ... Questioning the action of respondent No.2 in not renewing / reissuing the passport of the petitioner pursuant to his application No.HY3074203396122, dated 11.05.2022, the petitioner filed W.P.No.37075 of 2022 on the file of this Court and this Court vide order, dated 26.09.2022 disposed the same directing ... passport bear....
It is the further case of the petitioner that he made another application, dated 10.10.2023 on the file of respondent No.2 for renewing/reissuing his passport vide application No. ... Questioning the action of respondent No.2 in not renewing / reissuing the passport of the petitioner pursuant to his application No.HY3074203396122, dated 11.05.2022, the petitioner filed W.P.No.37075 of 2022 on the file of this Court and this Court vide order, dated 26.09.2022 disposed the same directing ... passport bear....
It is the further case of the petitioner that he made another application, dated 10.10.2023 on the file of respondent No.2 for renewing/reissuing his passport vide application No. ... ORDER This writ petition is filed seeking the following relief: “….to issue writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondents in not renewing/reissuing passport bearing No.W7890264 of the petitioner ... Questioning the action of respondent No.2 in not renewing / ....
The issue lies in a narrow compass, with regard to the action of the respondent in not reissuing the passport as was sought by the petitioner. As observed, the petitioner is a holder of an Indian passport, which was issued to him on 05.04.2013 and its validity was upto 04.04.2023. ... He is said to be holding a passport issued by the Regional Passport Office, Bengaluru, on 05.04.2013, which was valid till 04.04.2023. Six months prior to the expiry of the passport, the petitioner submit....
: 'to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent No.2 authority in addressing a letter No.HY1075722230323, dated 06.10.2023, saying that Petitioner application for reissuing ... The second issue here in this case is about the applicability of Section 6(2)(e) of the Passport Act. In the opinion of this Court that section applies to issuance of a fresh passport and not for renewal of a passport. ... Therefore, con....
“(a) Issue a writ of mandamus, or any other appropriate writ, order or a direction, restraining the concerned Regional Passport Officer, Delhi, form issuing/reissuing the passport of ‘VD’ the minor son of the Petitioner, applied on 01.02.2021 by Respondent No. 3 Tamanna Dang, vide File Number DL1075176530621, without written approval and consent of the Petitioner. (b) Revoke/Suspend the said passport, if already approved and issued in the interim. 4. The reliefs sought for in this petition are as under:
Hence, there is no necessity for reissuing the warrant.
However, passport authority would be at liberty that, in case, any undertaking from the applicant is required at the time of releasing the passport, while he is visiting abroad, the passport authority may take undertaking on affidavit that the applicant after his return from abroad will inform regarding the same to the passport authority. The passport authority after renewal of the passport shall release the passport in favour of the applicant.
The respondent shall issue a passport as expeditiously as possible preferably within a period of four weeks, subject to petitioner’s satisfying the terms and conditions as well as the requirement of Passport Act, 1967 read with Passport Manuals 2016 and the Rules framed thereunder. 5. It is clarified that the petitioner may possess as many identity certificates as per rule and issuance of fresh passport could not be a ground to refuse the passport to the petitioner.
The Passport Authority is directed is release/re-issue the passport No.H-7164937 in accordance with terms and conditions of the Passport Act within 15 days from the date of receipt of certified copy of this order. However, it will not prevent the Passport Authorities from taking any action, in case any information is provided, but it would be subject to provisions of sub-section 5 of the Section 10 of the Passport Act so that the petitioner can be put to show cause notice and rebut the alleged allegation. However, the aforementioned order is subject to the order of the tria....
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