High Court Protects Citizen Rights, Orders Immediate Renewal of Passport

The passport authorities cannot refuse the issuance or renewal of a passport solely based on the criteria that criminal cases are pending against the petitioner, without considering court orders that permit travel.

Furthermore, courts are not barred from issuing NOCs for passport renewal if the conditions specified in the Ministry of External Affairs' notification are met.

Fareed Alam v. State of UP & Others

Crl. Misc. Petition 7309/2023

Before Lucknow High Court

Heard by Hon'ble Mr. Justice Shamim Ahmad J

Legal Issue

Can passport renewal be denied by the Regional Passport Authority due to an adverse police verification report linked to an ongoing criminal case against the petitioner?

Can a court may refuse issuing No Objection Certificate for the renewal of the Petitioner's passport?

Fact

The petitioner, was working in Saudi Arabia but he returned to India in January 2020 due to COVID-19 pandemic and could not back, thereafter.

His passport expired in October 2021, and upon applying for renewal, the Regional Passport Office rejected his application based on an adverse police report. The adverse report originated from a criminal case filed against the petitioner under various sections of the Indian Penal Code due to a family dispute.

Despite being granted bail, the CJM refused to issue an NOC for the renewal of his passport.

Case Background:

The petitioner, who had been working in Saudi Arabia, returned to India in January 2020 and could not go back due to the COVID-19 pandemic. His passport expired in October 2021, and upon applying for renewal, the Regional Passport Office rejected his application based on an adverse police report.

The adverse report stemmed from a criminal case filed against the petitioner under various sections of the Indian Penal Code (IPC) due to a family dispute. Despite being granted bail, the CJM refused to issue an NOC for the renewal of his passport.

Argument of the petitioner's counsel:

The petitioner’s counsel argued that the CJM's refusal to issue the NOC was arbitrary and contrary to the relevant provisions of the Passport Act, 1967. The petitioner relied on a 1993 notification by the Ministry of External Affairs, which allows the issuance of passports to individuals with pending criminal cases if they obtain a court order permitting them to travel abroad.

Court's Findings:

The High Court noted that the CJM’s order appeared to lack proper judicial reasoning and did not consider the 1993 notification, which provides for the issuance of passports upon satisfying its conditions, even when criminal proceedings are pending.

The court also highlighted that there is no absolute bar on issuing a passport to individuals facing criminal charges, provided they comply with the conditions outlined in the notification.

Order

The High Court quashed the CJM's order and directed the concerned authorities to reconsider the petitioner's request for passport renewal in light of the 1993 notification and the relevant legal provisions

Seema Bhatnagar