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Court Decision
2024-09-19
Subject: Legal - Passport Law
In a significant ruling, the High Court addressed the case of Mr.
The petitioner argued that he had obtained his passport legally and that the criminal charges were filed after the passport's reissuance. His counsel contended that the order to surrender the passport was erroneous since there were no pending cases at the time of reissuance. Conversely, the respondent, represented by the Deputy Solicitor General, maintained that the passport should be surrendered due to the failure to disclose the pending criminal proceedings during the application for reissuance.
The court analyzed the provisions of the Passports Act, particularly Section 6(2)(f), which allows the refusal of passport issuance if criminal proceedings are pending. The court noted that while the petitioner had obtained a new passport, the subsequent criminal charges necessitated a review of his eligibility to hold a passport. The court emphasized that the integrity of the legal process must be upheld, and allowing the petitioner to travel could potentially hinder the ongoing criminal proceedings.
The court partially allowed the writ petition, quashing the surrender certificate but stipulating that the petitioner could not leave India without prior permission from the court handling his criminal case. The ruling underscores the importance of judicial oversight in matters involving individuals facing criminal charges, ensuring that legal proceedings are not obstructed by the ability to travel abroad. The petitioner is now required to seek a short validity passport from the court, which will consider his application based on the legal framework established by the Passports Act and relevant notifications.
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The court ruled that without a final report or cognizance, no criminal proceedings are pending, allowing passport renewal without court permission.
The passport authority cannot deny renewal based solely on pending criminal proceedings if the applicant meets all other conditions.
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
The issuance of a passport can be permitted despite pending criminal proceedings if a court order is provided, aligning with Section 6(2)(f) of the Passports Act, 1967.
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