Getting a Passport When You Have Criminal Cases Pending: A Court Case Example

This article explains a recent court case in India about getting a passport when you have criminal charges against you.

In the case of Kashif Ahmed v. Union of India, Criminal Writ Petition 2067/2024, the Lucknow High Court addressed the issue of passport issuance when a criminal case is pending. The petitioner, Kashif Ahmad, sought renewal of his passport, which had expired on November 30, 2019. His brother-in-law’s marriage was scheduled in Saudi Arabia on April 30, 2024, and he wished to attend the ceremony. However, five criminal cases were registered against him in December 2019 due to his protest against the Citizen Amendment Act and National Register for Citizens. Despite the pending criminal cases, the charges had not yet been framed by the court.

The Case Main Points:

• A man named Kashif Ahmed wanted to renew his passport to attend his brother-in-law's wedding in Saudi Arabia.
• His passport expired in November 2019, and the wedding was in April 2024.
• A lower court denied his request because he had five criminal cases pending related to protests against a government law.
• Kashif Ahmed didn't get a chance to defend himself in these cases yet (charges not framed).
• He appealed to the Lucknow High Court, asking for a special order to get his passport.

Denial of Permission by the Magistrate

The Additional Chief Judicial Magistrate Vth Lucknow denied permission for passport renewal, citing lack of jurisdiction. Frustrated by this denial, Kashif Ahmad approached the Lucknow High Court seeking a Writ of Mandamus.

Legal Arguments

Petitioner’s Counsel

The petitioner’s counsel argued that the Magistrate had not adequately considered the application. The denial of passport renewal solely based on pending criminal cases was unjust.

Respondent’s Counsel

The counsel for the Respondent-Union of India referred to an Office Memorandum dated October 10, 2019. According to this memorandum, citizens of India facing criminal proceedings could still obtain passports if they produced orders from the court concerned permitting them to travel abroad. The conditions for such issuance were as follows:

1. Specified Period: If the court order specified a period for travel abroad, the passport would be issued accordingly.
2. Renewal: After the stipulated period, a fresh court order was required for renewal.
3. Unspecified Validity: If no time was specified, the passport would be issued for one year. Renewal could occur if the applicant had not traveled abroad during the sanctioned period.
4. More Than One Year: If the travel period was more than one year but validity was unspecified, the passport would be issued for the specified travel duration.
5. Undertaking: The citizen had to provide a written undertaking to appear before the court if required during the passport’s validity.
6. Declaration: The applicant had to declare no convictions for criminal offenses resulting in imprisonment of two years or more.

High Court’s Verdict

The Lucknow High Court allowed the writ petition on March 22, 2024. It emphasized that there could be no rigid formula regarding permission or no objection for passport issuance. The court upheld the petitioner’s right to personal liberty, including the right to possess a passport. Furthermore, the court clarified that passport renewal should not be denied solely due to pending criminal cases. Passports should be renewed for at least ten years, in accordance with Rule 12 of the Passport Rules 1980.

The Court's Decision:

• The High Court allowed Kashif Ahmed to get his passport.
• The court said there's no one-size-fits-all rule for such situations. They need to consider each case on its own merits.

What This Means:

• Even with criminal cases pending, you might still be able to get a passport in India.
• It depends on the specific circumstances, like the reason for travel and the stage of the criminal case.

Things to Consider:

• If you have pending criminal cases and need a passport, you can try talking to the court handling your case.
• They might give you permission to travel abroad.
• You can also consult a lawyer for advice on your specific situation.