Karnataka High Court
Mr. Sivakumar Wujjini Matada vs The Government Of India on 5 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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WP No. 35372 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 35372 OF 2024 (GM-PASS)
BETWEEN:
MR. SIVAKUMAR WUJJINI MATADA,
AGED ABOUT 67 YEARS,
S/O MR. GURUMURTHY SIVACHAR WUJJINII MATADA
NO. 59, BANJARA ORCHIDS HORMAVU AGARA,
RAMAMURHTY NAGAR, BANGALORE - 560 043.
...PETITIONER
(BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE)
AND:
1. THE GOVERNMENT OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
Digitally signed NO. 74B, SOUTH BLOCK,
by NAGAVENI
Location: High
NEW DELHI - 110 001.
Court of
Karnataka
2. THE REGIONAL PASSPORT OFFICER,
8TH BLOCK, 80 FEET ROAD,
KORAMANGALA, BANGALORE - 560 095.
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H, DSGI FOR R1 AND R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
FIRST AND SECOND RESPONDENT/ REGIONAL PASSPORT
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OFFICER, BANGALORE TO RENEW/RE ISSUE PASSPORT TO THE
PETITIONER IN TERMS OF HIS APPLICATION BEARING NO.
BNG076669678524 DATED 20.06.2024 (ANNX-B).
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following
prayer:
“Directing the first and second respondent /
Regional Passport Officer, Bangalore, to renew/reissue
passport to the petitioner in terms of his application
Bearing No.BNG076669678524 dated 22-11-2024
(ANNEXURE A)”
2. Heard Shri Kiran Sebastian Rozario, learned counsel
appearing for the petitioner and Shri Shanthi Bhushan H.,
learned Deputy Solicitor General of India appearing for
respondents No.1 and 2.
3. The petitioner is holder of a passport, which is said
to be valid up to 14.07.2020. It transpires that the petitioner
gets embroiled in a crime in crime No.384/2021. The police
after investigation have filed a charge sheet in the said matter
and the case is now pending as C.C.No.58264/2022 for the
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offence punishable under Sections 498A, 506 and 34 of the
Indian Penal Code, 1860 read with Sections 3 and 4 of the
Dowry Prohibition Act, 1961. There are several other
proceedings between the husband and the wife. The petitioner
is a co-accused, being the father-in-law of the complainant.
The validity of the passport held by the petitioner expired five
years ago. Therefore, the case is of the re-issuance of the
passport.
4. The learned counsel appearing for the petitioner
submits that the case against the father-in-law has been stayed
at the hands of this Court in Crl.P.No.13676/2023 and the
interim order is in subsistence even today.
5. The issue is now whether the petitioner would be
entitled for grant of regular validity passport, not withstanding
the fact that he is an accused in C.C.No.58264/2022. Though it
is stayed at the hands of this Court, the issue need not detain
this Court for long or delve deep into the matter interpreting
Section 6(2)(f) of the Passports Act, 1967. This Court in the
case of SANTHOSH BEEJADI SRINIVASA Vs. UNION OF
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INDIA & Ors. in W.P.No.24269/2023 disposed on
04.12.2023 has held as follows:
“5. The learned counsel appearing for the
petitioner would contend that it is not for the first time
the petitioner is being issued with the passport. He had a
passport right from 11-04-2014 which was valid upto 10-
04-2024. As the validity of the passport has come down
to less than six months, he is denied permission to
travel. He would submit that pendency of a criminal
case cannot come in the way of re-issuance of passport
to a citizen. Travel or otherwise is a different
circumstance. But, merely because a criminal case is
pending, the passport of the petitioner cannot be denied
to be re-issued. He would seek to place reliance upon
decisions rendered by coordinate Benches of this Court in
KRISHNA CHIRANJEEVI RAO PALUKURI VENKATA
v. THE UNION OF INDIA AND OTHERS1; SANJAY
G.KHENY v. THE UNION OF INDIA AND OTHERS2
and SRIMATI NASEEMA KHANUM v. THE UNION OF
INDIA AND OTHERS3. On placing reliance upon these
judgments, he would submit that writ petition be allowed
with a direction to the 2nd respondent to issue a normal
validity passport for a period of ten years.
UNION OF INDIA:
6. Per-contra, the learned counsel representing
respondents 1 and 2 Sri Shivaprasad Shantanagoudar
would vehemently refute the submissions to contend that
judgments rendered by the coordinate Benches were
rendered following the judgment of the Delhi High Court.
The judgment of the Delhi High Court in the case of
ASHOK KHANNA was taken in appeal before the Apex
Court and the Apex Court has restricted the findings only
to the respondent therein. Therefore, it is not a
precedent to be followed. He would seek to place
reliance on a judgment rendered by this Bench in the
case of KAJAL NARESH KUMAR v. UNI0N OF INDIA4
to buttress his submission that passport cannot be re-
1
W.P.No.9141 of 2020 decided on 1-10-2020
2
W.P.No.201057 of 2022 decided on 13-07-2022
3
W.P.No.105735 of 2022 decided on 18-01-2023
4
W.P.No.20850 of 2022 decided on 16-11-2022
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issued as long as the criminal case is pending against the
petitioner.
7. I have given my anxious consideration to the
submissions made by the respective learned counsel and
have perused the material on record. In furtherance
thereof, the issue that falls for my consideration is:
“Whether pendency of a criminal case would
bar issuance or renewal/re-issuance of a passport
to a citizen of this nation?”
8. To consider the aforesaid issue, it would
become necessary to notice certain provisions of the
Passports Act, 1967 (hereinafter referred to as ‘the Act’
for short). The relevant provisions that are germane to
be noticed are Sections 2(e), 3, 5, 6, 7, 10 and 22 of the
Act and they read as follows:
“2. Definitions.–In this Act, unless the
context otherwise requires,–
... ... ...
(e) "travel document" means a travel document
issued or deemed to have been issued
under this Act.
3. Passport or travel document for
departure from India.–No person shall depart
from, or attempt to depart from, India unless he
holds in this behalf a valid passport or travel
document.
Explanation.–For the purposes of this section,–
(a) “passport” includes a passport which
having been issued by or under the
authority of the Government of a
foreign country satisfies the conditions
prescribed under the Passport (Entry
into India) Act, 1920 (34 of 1920), in
respect of the class of passports to
which it belongs;
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(b) “travel document” includes a travel
document which having been issued by or
under the authority of the Government of a
foreign country satisfies the conditions
prescribed.
… … …
5. Applications for passports, travel
documents, etc., and orders thereon.–(1) An
application for the issue of a passport under this
Act for visiting such foreign country or countries
(not being a named foreign country) as may be
specified in the application may be made to the
passport authority and shall be accompanied
bysuch fee as may be prescribed to meet the
expenses incurred on special security paper,
printing, lamination and other connected
miscellaneous services in issuing passports and
other travel documents.
Explanation.–In this section, ‘named
foreign country’ means such foreign country as the
Central Government may, by rules made under
this Act, specify in this behalf.
(1-A) An application for the issue of–
(i) a passport under this Act for visiting
a named foreign country; or
(ii) a travel document under this Act, for
visiting such foreign country or
countries (including a named foreign
country) as may be specified in the
application or for an endorsement on
the passport or travel document
referred to in this section, may be
made to the passport authority and
shall be accompanied by such fee (if
any) not exceeding rupees fifty, as
may be prescribed.
(1-B) Every application under this section
shall be in such form and contain such particulars
as may be prescribed.]
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(2) On receipt of an application [under
this section], the passport authority, after
making such inquiry, if any, as it may
consider necessary, shall, subject to the
other provisions of this Act, by order in
writing,–
(a) issue the passport or travel document
with endorsement, or, as the case may
be, make on the passport or travel
document the endorsement, in respect
of the foreign country or countries
specified in the application; or
(b) issue the passport or travel document
with endorsement, or, as the case may
be, make on the passport or travel
document the endorsement, in respect
of one or more of the foreign countries
specified in the application and refuse
to make an endorsement in respect of
the other country or countries; or
(c) refuse to issue the passport or travel
document or, as case may be, refuse to
make on the passport or travel
document any endorsement.
(3) Where the passport authority makes an
order under clause (b) or clause (c) of sub-section
(2) on the application of any person, it shall record
in writing a brief statement of its reasons for
making such order and furnish to that person on
demand a copy of the same unless in any case the
passport authority is of the opinion that it will not
be in the interests of the sovereignty and integrity
of India, the security of India, friendly relations of
India with any foreign country or in the interests
of the general public to furnish such copy.
6. Refusal of passports, travel
documents, etc.–(1) Subject to the other
provisions of this Act, the passport authority shall
refuse to make an endorsement for visiting any
foreign country under clause (b) or clause (c) of
sub-section (2) of Section 5 on any one or more of
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the following grounds, and on no other ground,
namely:–
(a) that the applicant may, or is likely to,
engage in such country in activities
prejudicial to the sovereignty and integrity
of India;
(b) that the presence of the applicant in such
country may, or is likely to, be detrimental
to the security of India;
(c) that the presence of the applicant in such
country may, or is likely to, prejudice the
friendly relations of India with that or any
other country;
(d) that in the opinion of the Central
Government the presence of the applicant in
such country is not in the public interest.
(2) Subject to the other provisions of
this Act, the passport authority shall refuse
to issue a passport or travel document for
visiting any foreign country under clause (c)
of sub-section (2) of Section 5 on any one or
more of the following grounds, and on no
other ground, namely:–
(a) the applicant is not a citizen of India;
(b) that the applicant may, or is likely to,
engage outside India in activities prejudicial
to the sovereignty and integrity of India;
(c) the departure of the applicant from India
may, or is likely to, be detrimental to the
security of India;
(d) that the presence of the applicant outside
India may, or is likely to, prejudice the
friendly relations of India with any foreign
country;
(e) that the applicant has, at any time
during the period of five years
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WP No. 35372 of 2024immediately preceding the date of his
application, been convicted by a court
in India for any offence involving moral
turpitude and sentenced in respect
thereof to imprisonment for not less
than two years;
(f) that proceedings in respect of an
offence alleged to have been committed
by the applicant are pending before a
criminal court in India;
(g) that a warrant or summons for the
appearance, or a warrant for the arrest, of
the applicant has been issued by a court
under any law for the time being in force or
that an order prohibiting the departure from
India of the applicant has been made by any
such court;
(h) that the applicant has been repatriated and
has not reimbursed the expenditure
incurred in connection with such
repatriation;
(i) that in the opinion of the Central
Government the issue of a passport or
travel document to the applicant will not be
in the public interest.
7. Duration of passports and travel
documents.–A passport or travel document
shall, unless revoked earlier, continue in force for
such period as may be prescribed and different
periods may be prescribed for different classes of
passports or travel documents or for different
categories of passports or travel documents under
each such class:
Provided that a passport or travel document
may be issued for a shorter period than the
prescribed period–
(a) if the person by whom it is required so
desires; or
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(b) if the passport authority, for reasons to be
communicated in writing to the applicant,
considers in any case that the passport or
travel document should be issued for a
shorter period.
... ... ...
10. Variation, impounding and
revocation of passports and travel
documents.–(1) The passport authority may,
having regard to the provisions of sub-section (1)
of Section 6 or any notification under Section 19,
vary or cancel the endorsements on a passport or
travel document or may, with the previous
approval of the Central Government, vary or
cancel the conditions (other than the prescribed
conditions) subject to which a passport or travel
document has been issued and may, for that
purpose, require the holder of a passport or travel
document, by notice in writing, to deliver up the
passport or travel document to it within such time
as may be specified in the notice and the holder
shall comply with such notice.
(2) The passport authority may, on the
application of the holder of a passport or a travel
document, and with the previous approval of the
Central Government also vary or cancel the
conditions (other than the prescribed conditions)
of the passport or travel document.
(3) The passport authority may impound or
cause to be impounded or revoke a passport or
travel document,–
(a) if the passport authority is satisfied that the
holder of the passport or travel document is
in wrongful possession thereof;
(b) if the passport or travel document was
obtained by the suppression of material
information or on the basis of wrong
information provided by the holder of the
passport or travel document or any other
person on his behalf:
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WP No. 35372 of 2024Provided that if the holder of such
passport obtains another passport, the
passport authority shall also impound or
cause to be impounded or revoke such
other passport.
(c) if the passport authority deems it necessary
so to do in the interests of the
sovereignty and integrity of India, the
security of India, friendly relations of India
with any foreign country, or in the interests
of the general public;
(d) if the holder of the passport or travel
document has, at any time after the issue of
the passport or travel document, been
convicted by a court in India for any offence
involving moral turpitude and sentenced in
respect thereof to imprisonment for not less
than two years;
(e) if proceedings in respect of an offence
alleged to have been committed by the
holder of the passport or travel
document are pending before a criminal
court in India;
(f) if any of the conditions of the passport or
travel document has been contravened;
(g) if the holder of the passport or travel
document has failed to comply with a notice
under sub-section (1) requiring him to
deliver up the same;
(h) if it is brought to the notice of the passport
authority that a warrant or summons for the
appearance, or a warrant for the arrest, of
the holder of the passport or travel
document has been issued by a court under
any law for the time being in force or if an
order prohibiting the departure from India
of the holder of the passport or other travel
document has been made by any such court
and the passport authority is satisfied that a
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warrant or summons has been so issued or
an order has been so made.
(4) The passport authority may also revoke
a passport or travel document on the application
of the holder thereof.
(5) Where the passport authority makes an
order varying or cancelling the endorsements on,
or varying the conditions of, a passport or travel
document under sub-section (1) or an order
impounding or revoking a passport or travel
document under sub-section (3), it shall record in
writing a brief statement of the reasons for
making such order and furnish to the holder of the
passport or travel document on demand a copy of
the same unless in any case, the passport
authority is of the opinion that it will not be in the
interests of the sovereignty and integrity of India,
the security of India, friendly relations of India
with any foreign country or in the interests of the
general public to furnish such a copy.
(6) The authority to whom the passport
authority is subordinate may, by order in writing,
impound or cause to be impounded or revoke a
passport or travel document on any ground on
which it may be impounded or revoked by the
passport authority and the foregoing provisions of
this section shall, as far as may be, apply in
relation to the impounding or revocation of a
passport or travel document by such authority.
(7) A court convicting the holder of a
passport or travel document of any offence under
this Act or the rules made thereunder may also
revoke the passport or travel document:
Provided that if the conviction is set aside
on appeal or otherwise the revocation shall
become void.
(8) An order of revocation under sub-
section (7) may also be made by an appellate
court or by the High Court when exercising its
powers of revision.
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(9) On the revocation of a passport or travel
document under this section the holder thereof
shall, without delay surrender the passport or
travel document, if the same has not already been
impounded, to the authority by whom it has been
revoked or to such other authority as may be
specified in this behalf in the order of revocation.
... ...
...
22. Power to exempt.--Where the
Central Government is of the opinion that it
is necessary or expedient in the public
interest so to do, it may, by notification in
the Official Gazette and subject to such
conditions, if any, as it may specify in the
notification,–
(a) exempt any person or class of persons
from the operation of all or any of the
provisions of this Act or the rules made
thereunder; and
(b) as often as may be, cancel any such
notification and again subject, by a like
notification, the person or class of persons
to the operation of such provisions.”
(Emphasis supplied)
Section 2(e) defines a ‘travel document’ which has been
issued or deemed to have been issued under the Act.
Therefore, the passport becomes a travel document for
departure from India and return. Section 3 depicts what
a passport would be. Section 5 deals with application for
passport and the manner in which the application should
be made before the Passport Authorities. Section 6 forms
the fulcrum of the lis. Section 6(1) directs that subject
to other provisions of the Act the passport authority shall
refuse to make an endorsement for visiting any country
under clause (b) or (c) of sub-section (2) of Section 5 on
several grounds stipulated therein. The grounds are
clauses (a) to (d) of sub-section (1) and clauses (a) to
(i) of sub-section (2) of Section 6. Section 7 deals with
duration of passport and travel documents. A passport or
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a travel document unless revoked continues to be in
force for such period as may be prescribed in the said
travel document of each class of passport. Section 10
deals with variation, impounding and revocation of
passport and travel documents. Section 22 empowers
the Central Government to exempt any person or class
of persons from operation of all or any of the provisions
of the Act by issuance of a notification.
9. In furtherance of Section 22, Government of
India in the Ministry of External Affairs, has issued a
notification on 25-08-1993 in G.S.R.570(E) (for short
‘GSR 570 Notification’). GSR 570 notification deals with a
situation of the kind that is projected in the case at
hand. Therefore, I deem it appropriate to notice the
notification insofar as it is germane. It reads as follows:
“The Notification dated 25.08.1993 reads as
under:
“MINISTRY OF EXTERNAL AFFAIRS
NOTIFICATIONNew Delhi, the 25th August, 1993
G.S.R. 570(E).-In exercise of the powers
conferred by clause (a) of Section 22 of the
Passports Act, 1967 (15 of 1967) and in
supersession of the notification of the Government
of India in the Ministry of External Affairs No.
G.S.R. 298(E), dated the 14th April, 1976, the
Central Government, being of the opinion that
it is necessary in public interest to do so,
hereby exempts citizens of India against
whom proceedings in respect of an offence
alleged to have been committed by them are
pending before a criminal court in India and
who produce orders from the court
concerned permitting them to depart from
India, from the operation of the provisions of
Clause (f) of sub-section (2) of Section 6 of
the said Act, subject to the following
conditions, namely:–
(a) the passport to be issued to every such
citizen shall be issued–
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(i) for the period specified in order of the
court referred to above, if the court specifies a
period for which the passport has to be issued; or
(ii) if no period either for the issue of the
passport or for the travel abroad is specified in
such order, the passport shall be issued for a
period one year;
(iii) if such order gives permission to
travel abroad for a period less than one year,
but does not specify the period validity of the
passport, the passport shall be issued for one
year; or
(iv) if such order gives permission to
travel abroad for a period exceeding one
year, and does not specify the validity of the
passport, then the passport shall be issued
for the period of travel abroad specified in
the order.
(b) any passport issued in terms of (a) (ii)
and (a) (iii) above can be further renewed for one
year at a time, provided the applicant has not
travelled abroad for the period sanctioned by the
court; and provided further that, in the meantime,
the order of the court is not cancelled or modified;
(c) any passport issued in terms of (a)
(i) above can be further renewed only on the
basis of a fresh court order specifying a
further period of validity of the passport or
specifying a period for travel abroad;
(d) the said citizen shall give an undertaking
in writing to the passport issuing authority that he
shall, if required by the court concerned, appear
before it at any time during the continuance in
force of the passport so issued.”
(Emphasis supplied)
GSR 570 deals with a situation of the kind in the case at
hand. It permits issuance of short validity passport
pursuant to the orders that would be passed by the
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concerned Court according to the specified period and if
no period is specified, the passport would be issued for a
period of one year. Therefore, it is for the applicant
against whom criminal case is pending, in any Court of
law in the country, to approach the concerned Court
before which the proceeding is pending, and seek for
permission to travel; if such permission is granted, it will
have to be in tune with the conditions in GSR 570
(supra).
10. Section 24 of the Act empowers the Central
Government to make Rules for carrying out the purposes
of the Act. Rules are promulgated in the year 1980 i.e.,
the passports Rules, 1980 (hereinafter referred to as ‘the
Rules’ for short). Rule 5 deals with form of applications
for issue of passport, renewal or re-issuance thereof. The
form is found in Schedule-III.
11. The aforementioned form is the broad
statutory framework for issuance, re-issuance, variation,
cancellation, impounding of passport as also, the form in
which the application for issuance or re-issuance is to be
made.
APPLICABILITY OF THE ACT TO THE SUBJECT
FACTS:
12. The petitioner is issued passport on 11-04-
2014. Its validity is up to 10-04-2024. In the
interregnum, the petitioner gets embroiled in a crime.
The substance of the crime is mother of the petitioner
commits suicide. Initially an unnatural death report was
prepared by the Police but later when the investigation
was directed to be taken up, the petitioner, his father
and his wife were all arrayed as accused 1, 2 and 3. The
offences were the ones punishable under Sections 302,
201, 120-B, 182 r/w 34 of the IPC. The case was
committed to the Court of Sessions and presently
pending trial in S.C.No.28 of 2017. Therefore, it is a
case where the petitioner is one of the accused in an
offence which can even result in capital punishment. The
trial is in progress. The petitioner is not absolved of the
crime, by any competent Court of law even to this date.
It is an altogether different circumstance that the
petitioner has been permitted to travel, by the Court of
Sessions, intermittently for his work. That is not the
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issue in the case at hand. The issue is validity of the
passport of the petitioner or the passport having less
than six months to expire which makes the petitioner
ineligible for issuance of visa and travel. Therefore, it is
germane to notice whether such ineligibility has a
statutory foundation. It therefore becomes germane to
notice the acknowledgment of denial issued by the 2nd
respondent. It reads as follows:
“Acknowledgement Letter
REISSUE PASSPORT-Normal File No.:BN2075801459323
SANTHOSH BEEJADI SRINIVASA
Application Status * Service Completion zone Fee Receipt/Reference No. Penalty Receipt No.
On Hold GO (Granting) CPADBFRJW1 NA
Police Verification Mode** Passport Validity Cancelled Passport No. ECR Status
NA NA NA NADocuments Submitted Documents Requiring Re- Documents Verified with
successfully submission/ Additional originals, however,
1. Aadhar Card (Address Proof) Document(s) Required confirmation from issuing
2. Scanned Application Form Yes authority is required
3. Old passport
4.ac-f ppt-decl
On Hold Remarks By Granting Officer: case still pending, await for court order for SVP/Permission from
Court.
Next Appointment Date and Time:27/09/2023, 12:00PM Reporting Time:11:45 AM”
The remark is that the case is still pending, await court
order for issuance of short validity passport/await
permission from the Court.
13. Section 6 deals with grounds for refusal of
passport. Sub-section (2) (e) and (f) of Section 6 quoted
supra deal with the present situation. If the applicant at
any time during the period of five years immediately
preceding the date of application has been convicted for
any offence involving moral turpitude and sentenced
thereof to imprisonment for not less than 2 years,
passport cannot be issued or re-issued. It is not the
situation in the case at hand. Clause (f) mandates that
where proceedings in respect of an offence alleged to
have been committed by the applicant are pending
before a criminal court in India, the passport authority is
empowered to deny issue of travel document as
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obtaining in clause (c) of Sub-section (2) of Section (5)
of the Act. It is an admitted fact that proceedings against
the petitioner are pending trial in S.C.No.28 of 2017
before the learned Sessions Judge for the afore-quoted
offences. Denial of re-issuance of passport is thus in
consonance with law.
14. The petitioner has relied on several judgments
of co-ordinate Benches of this Court to contend that the
issue stands answered and pendency of criminal case
should not come in the way of re-issuance or renewal of
passport; it can at best be at the time of issuance of
passport, at the first instance. The co-ordinate Bench in
the case of KRISHNA CHIRANJEEVI RAO PALUKURI
VENKATA (supra) though considers Section 6(2)(f),
observes that the provision would be applicable only to
issuance of a fresh passport and not for renewal or re-
issuance. For such observation, the co-ordinate Bench
follows the judgment rendered by the High Court of Delhi
in the case of ASHOK KHANNA. The Delhi High Court in
the case of ASHOK KHANNA v. CENTRAL BUREAU OF
INVESTIGATION5 has held as follows:
“14. In the case of Ashok Kumar Sharma (Supra), the
case before this court was for re-issuance of the passport
wherein case in hand is for renewal of the passport.
15. As per Chapter I Schedule III of the Passport
Rules, 1980, passport application Form-I EA(P)-2 is for
miscellaneous services of Indian passport for (use in India)
(A) Renewal (B) Additional Visa Sheet, (C) Additional Booklet,
(D) Change of Address, (E) PCC, (F) Additional
Endorsement, (G) Chief Inclusion/deletion) (H) Any other
service (specify), therefore, the case of the petitioner does not
come under Form EA(P)-1 for new/re-issue/replacement of
lost/damaged passport.
16. The case of the petitioner is for renewal of the
passport. Neither he is asking for a new passport nor
seeking re-issue or replacement of lost or damaged
passport, therefore, the said applicant is not applicable in
the case of the petitioner.
17. However, the case of the petitioner falls under
application Form EA(P)-2 and according to this application, I5
2019 SCC OnLine Del 11080
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WP No. 35372 of 2024
note in Form EA(P)-1, passport application form (1) serial no.
17 (a), (b) & (c) are as under:
“17(a) Have you at any time during the period of
five years immediately preceding the date of this
application been convicted by a court in India for any
criminal offence and sentenced to imprisonment for
two years or more? If so, give name of the court, case
number and relevant sections of Law. (Attach copy of
judgment)
…………………………………………………………
………..
(b) Are any criminal proceedings pending against
you before a court in India? If so, give name of court,
case number and relevant sections of Law.
…………………………………………………………
…………
(c) If answer at (b) is (Y)es, please furnish No
Objection Certificate from competent court for grant of
Passport.
…………………………………………………………
………..
(d) Have you been ever refused/denied passport?
If yes, give details:
…………………………………………………………………..
(e) Has your passport ever been
impounded/revoked? If yes, give details:
…………………………………………………………
…………
(f) Have you ever applied/granted political asylum
by any foreign country? If yes, give details:
…………………………………………………………………..”
18. Whereas in Form EA(P)-2, serial number 5 is
application which is reproduced as under:
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WP No. 35372 of 2024“5. Are any criminal proceedings pending against
applicant in criminal court in India or any other
disqualifications under section 10(3).”
19. Thus, in EA(P)-2, there is no such condition to
take certificate from the court. Thus, the respondent has
misread the provisions and contents of the two
applications mentioned above.
20. Moreover, Rule 5 is applicable for renewal of
passport which is as under:
“5. Form of applications.-[(1)] An application for
the issue of a passport or travel document or for the
renewal thereof or for any miscellaneous service shall
be made in the appropriate Form set out therefore in
Part I of Schedule III and in accordance with the
procedure and instructions set out in such form:
[Provided that every application for any of the
aforesaid purposes shall be made only in the form printed
and supplied by-
(a) the Central Government; or
(b) Any other person whom the Central
Government may notification to the condition that such
complies that Government behalf:
Provided further that] in the course of any inquiry
under sub-section (2) of section 5, a passport authority
may require an applicant to furnish such additional
information, documents or certificates, as may be
considered necessary by such authority for the proper
disposal of the application.
4[(2) The price of the new application forms referred to
in sub-rule (1) shall be as specified in column 3 or 4, as
the case may be, of Schedule III A for that particular
category:
[***]
[(3) The Passport Authority may authorise any
person or authority to collect passport applications
on its behalf for issue of a passport or travel
document or for the renewal thereof or for any
miscellaneous service on payment of a service
charge specified by the Central Government under
sub-rule (2) of rule 8 in addition to the fee payable
under sub-rule (1) of rule 8 and the service charge
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WP No. 35372 of 2024shall be paid by the applicant to such person or
authority.]
21. In view of above provisions, there is a
separate provision for renewal of the passport, therefore,
section 6 is not applicable in the present case.
22. Though Passport Authority is not made party
in the present appeal, I exercise powers under
Article 226 of the Constitution of India, accordingly, the
said authority is directed to renew the passport of the
petitioner within 15 days from the receipt of this order.”
(Emphasis supplied)
The subsequent judgment by another co-ordinate Bench
in SANJAY G.KHENY (supra) relies on the afore-quoted
judgment of other co-ordinate Bench in the case of
KRISHNA CHIRANJEEVI RAO PALUKURI VENKATA
and allows the petition holding that it can at best be for
issuance of passport and cannot be for re-issuance or
renewal of passport.
15. The judgment of the High Court of Delhi upon
which both the judgments of coordinate Benches placed
reliance upon was tossed before the Apex Court. The
Apex Court in terms of its order dated 02-05-2022
restricted the question of law only to the said case. The
Apex Court has, in the case of CENTRAL BUREAU OF
INVESTIGATION v. ASHOK KHANNA6 held as follows:
“1. Delay condoned.
2. In the facts and circumstances of the
present case and without expressing any
opinion on the question of law sought to be
raised in these proceedings, we are not
inclined to entertain the Special Leave
Petitions under Article 136 of the
Constitution. We may also clarify that the
order the High Court will be restricted only to
the facts and circumstances of the present
case and shall have application only to the
case of the respondent.
6
SLP (Criminal) Diary No.6142 of 2022 decided on 02-05-2022
– 22 –
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WP No. 35372 of 2024
3. The Special Leave Petitions are
disposed of, subject to the above
clarification.
4. Pending application, if any, stands
disposed of.”
(Emphasis supplied)
The Apex Court, did not express any opinion on the
question of law. Question of law, I mean would be
whether an applicant against whom criminal case is
pending seeks renewal/reissuance of passport, can be
denied or otherwise, but restricted the law laid down by
High Court of Delhi only to the facts and circumstances
of the case of ASHOK KHANNA and will have
application only to the case before the Apex Court. The
Special Leave Petitions were disposed with the said
clarification.
16. Therefore, the trail of judgments would go this
way. The High Court of Delhi holds in the case of ASHOK
KHANNA, that pendency of a criminal case will not come
in the way of re-issuance of passport; this is followed in
KRISHNA CHIRANJEEVI RAO PALUKURI VENKATA’s
case; the said judgment is followed in SANJAY
G.KHENY‘s case. Therefore the foundation, inter alia, to
render the finding by both the co-ordinate Benches of
this Court, was the judgments rendered by the High
Court of Delhi. In the light of the Apex Court restricting
the findings only to the said respondent, the law
declared by the co-ordinate Benches of this Court cannot
mean that they have become final and would be binding
on this Court to follow.
17. Reference being made to the judgment of the
High Court of Andhra Pradesh in the case of KADAR
VALLI SHAIK v. UNION OF INDIA7 becomes apposite,
the Andhra Pradesh High Court considers the entire
spectrum of the Act and orders passed by co-ordinate
Benches of this Court and holds that Section 6(2)(f)
would prevail. The summing up by the Andhra Pradesh
High Court is as follows:
7
2023 SCC OnLine AP 406
– 23 –
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WP No. 35372 of 2024“103. To sum up, this Court holds that;
(i) ‘Issue’ of passport in Section 5
of the Passports Act includes ‘renewal’
of the passport as well;
(ii) While considering the renewal
of the passport, the passport authority
would be within its jurisdiction and
authority to refuse renewal, on the
same grounds as in the cases of
issuance of the passport for ‘the first
time’, provided by Section 6 (2) of the
Passport Act. In other words, Section 6
(2) of the Passport Act applies to
renewal of the passport, as well;
(iii) In the cases for renewal, to
which Section 6 (2) (f) of the Passports
Act is attracted, i.e., where the
applicant is facing criminal trial in a
criminal Court in India, renewal of the
passport shall be refused, subject to
the fulfillment of the condition under
the notification of the Central
Government, dated 25.08.1993, issued
in exercise of the powers conferred by
Section 22 of the Passports Act, upon
which such applicant shall stand
exempted from the operation of the
provisions of Clause (f) of sub-section
(2) of Section 6;
(iv) In a case where clause (f) of
Section 6 (2) is attracted, the holder of
the passport, for its renewal, will have
to produce an order from the Court
concerned, where the proceedings
against him are pending trial in respect
of an offence alleged to have been
committed by him, permitting him to
depart from India;
(v) The notification dated
25.08.1993 applies to the citizen
applicants for renewal of the passport
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WP No. 35372 of 2024
even if already departed from India
under the passport of which renewal is
sought.
(vi) On production of an order, from
the concerned Court, as referred in the
notification, the renewal of the passport
shall not be refused only on the ground of
Section 6 (2) (f), i.e., mere pendency of the
criminal case for trial;
(vii) Condition (d) of the notification
dated 25.08.1993 is an additional
requirement and is not in substitution of the
requirement from those citizen/applicants
who have to produce an order of the Court
concerned, where the criminal case is
pending, permitting him to depart from
India.
(Emphasis supplied)
The Andhra Pradesh High Court holds that while
considering renewal or re-issuance of passport, the
authority would be within its jurisdiction to refuse
renewal on the same grounds as in cases of issuance of
passport for the first time provided in Section 6(2)(f) of
the Act.
18. The unmistakable inference that can be drawn
is that, there is no difference between renewal, re-
issuance or first issuance of the passport under Section
6(2) of the Act. Every issuance, re-issuance or renewal
will have to meet the requirements or pass through the
rigours of Section 6. To consider the submission or
contra submission, hypothetically as an illustration, at
the time of issuance of passport to an applicant, the
applicant is clean and no proceedings are pending
against him. In the interregnum during the validity of the
passport the applicant gets embroiled in a crime; trial is
pending or gets convicted for an offence, it cannot be
said that those facts have to be ignored and passport
should be directed to be re-issued only on the score that,
it is for renewal and no rigour for issuance of a fresh
passport can be insisted upon. This would sometimes
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WP No. 35372 of 2024
result in the accused, holder of a passport, fleeing justice
and frustrating trial. It may not be in all circumstances,
but it is open to such circumstance. It is, therefore, the
rigour under Section 6(2)(f) of the Act will have to be
given credence as mandated under the statute failing
which, it would render section 6(2)(f) of the Act
redundant or otiose.
19. This Bench in the case of KAJAL NARESH
KUMAR (supra) has held as follows:
“8. The afore-narrated facts are not in
dispute. The petitioner was in possession of a
passport which had expired at the relevant point in
time. The petitioner seeks re-issuance of his
passport on its expiry. On the basis of the
documents submitted, the respondent-Regional
Passport Officer reissues the passport in favour of
the petitioner. Later when the police verification is
done as a routine in every case, it comes to the
knowledge of the respondents that the petitioner
is involved in a criminal case in Crime No.16 of
2021. Noticing the fact that the petitioner had
suppressed the factum of pendency of a criminal
case against him and had secured the passport by
misrepresentation, issued a notice directing him to
surrenders the passport. The involvement of the
petitioner as an accused in Crime No.16 of 2021 is
not in dispute. ‘B’ report is yet to be considered by
the learned Magistrate. Therefore, the ‘B’ report
being filed will not absolve the petitioner of the
crime. Section 6 of the Act reads as follows:
“6. Refusal of passports, travel
documents, etc.–(1) Subject to the other
provisions of this Act, the passport authority shall
refuse to make an endorsement for visiting any
foreign country under clause (b) or clause (c) of
sub-section (2) of section 5 on any one or more of
the following grounds, and on no other ground,
namely:–
(a) that the applicant may, or is likely to,
engage in such country in activities prejudicial to
the sovereignty and integrity of India;
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WP No. 35372 of 2024
(b) that the presence of the applicant in
such country may, or is likely to, be detrimental to
the security of India;
(c) that the presence of the applicant in
such country may, or is likely to, prejudice the
friendly relations of India with that or any other
country;
(d) that in the opinion of the Central
Government the presence of the applicant in such
country is not in the public interest.
(2) Subject to the other provisions of this
Act, the passport authority shall refuse to issue a
passport or travel document for visiting any
foreign country under clause (c) of sub-section (2)
of section 5 on any one or more of the following
grounds, and on no other ground, namely:–
(a) that the applicant is not a citizen of
India;
(b) that the applicant may, or is likely to,
engage outside India in activities prejudicial to the
sovereignty and integrity of India;
(c) that the departure of the applicant from
India may, or is likely to, be detrimental to the
security of India;
(d) that the presence of the applicant
outside India may, or is likely to, prejudice the
friendly relations of India with any foreign
country;
(e) that the applicant has, at any time
during the period of five years immediately
preceding the date of his application, been
convicted by a court in India for any offence
involving moral turpitude and sentenced in respect
thereof to imprisonment for not less than two
years;
(f) that proceedings in respect of an offence
alleged to have been committed by the applicant
are pending before a criminal court in India;
– 27 –
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WP No. 35372 of 2024
(g) that a warrant or summons for the
appearance, or a warrant for the arrest, of the
applicant has been issued by a court under any
law for the time being in force or that an order
prohibiting the departure from India of the
applicant has been made by any such court;
(h) that the applicant has been repatriated
and has not reimbursed the expenditure incurred
in connection with such repatriation;
(i) that in the opinion of the Central
Government the issue of a passport or travel
document to the applicant will not be in the public
interest.”
(Emphasis supplied)
Section 6 deals with refusal of passport and
travel documents etc. Section 6(2)(f) mandates
that if proceedings are pending in respect of an
offence alleged to have been committed by the
applicant before a criminal Court in India, the
passport authority would have the right to refuse
issue of passport or travel documents for visiting
any foreign country. Therefore, issuance of
passport or re-issuance of passport is subject to
Section 6(2)(f) of the Act.
9. It is an admitted fact in the case at
hand that a crime in Crime No.16 of 2021 is
pending against the petitioner. The Police
having filed a ‘B’ report in the matter would
not mean that proceedings against the
petitioner have culminated in her acquittal.
The rigour of Section 6(2)(f) of the Act gets
evaporated only when the applicant who is
facing criminal proceedings or a FIR is
acquitted, discharged or the proceeding
against the said applicant is quashed by a
competent Court of law, in exercise of its
powers under Section 482 of the Cr.P.C.
None of these circumstances exist in the case
at hand. All that has happened is, the Police
have filed a ‘B’ report. Mere filing of ‘B’
report would not mean that the petitioner
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WP No. 35372 of 2024
becomes allegation free qua Section 6(2)(f)
of the Act.
(Emphasis supplied)
20. On a coalesce of the provisions of the Act, the
Rules, the judgments rendered by the co-ordinate
Benches, its restriction by the Apex Court and the
judgment rendered by this Bench, would all lead to an
unmistakable conclusion that Section 6(2)(f) and GSR
570 Notification makes a person ineligible for issuance of
passport. The issuance would include renewal or re-
issuance. Separate yardstick is nowhere indicated in the
Act or the Rules. The Rules cannot be rendered flexible
to such circumstances by a stroke of pen or a fiat of this
Court in exercise of its jurisdiction under Article 226 of
the Constitution of India. As long as Section 6(2)(f)
stares at any application, be it for fresh, renewal or re-
issuance, such application cannot be directed to be
granted diluting the rigor of Section 6(2)(f). The
applicant is under a cloud, “if an applicant of the kind
in the case at hand, wants to walk over the clouds;
the cloud over such applicant must walk away.”
21. For the aforesaid reasons, the following:
ORDER
(i) The prayer for issuance of a regular
passport/normal validity passport for 10 years is
rejected.
(ii) The impugned acknowledgement rejecting
issuance of regular passport stands sustained.
(iii) The petitioner shall approach the concerned Court
seeking issuance of a short validity passport and
the concerned Court shall consider such
application strictly in consonance with the Act,
GSR-570 and its requirements.
(iv) The Court shall not reject the
application/permission for issuance of a short
validity passport on the ground of pendency of
criminal case before it.
– 29 –
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WP No. 35372 of 2024
(v) The petitioner, in the application, shall clearly
indicate the reason and the intended date of travel
from the shores of this nation and his return to the
shores of the nation.”
6. In the light of the issue already answered by this
Court, the petitioner becomes entitled to the same relief that is
granted to this petitioner in the said case.
7. For the aforesaid reasons, the following:
ORDER
(i) The prayer for issuance of a regular
passport/normal validity passport for 10 years
is rejected.
(ii) The impugned acknowledgement rejecting
issuance of regular passport stands sustained.
(iii) The petitioner shall approach the concerned
Court seeking issuance of a short validity
passport and the concerned Court shall
consider such application strictly in
consonance with the Act, GSR-570 and its
requirements.
(iv) The Court shall not reject the
application/permission for issuance of a short
validity passport on the ground of pendency of
criminal case before it.
– 30 –
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WP No. 35372 of 2024
(v) The petitioner, in the application, shall clearly
indicate the reason and the intended date of
travel from the shores of this nation and his
return to the shores of the nation.
Sd/-
(M.NAGAPRASANNA)
JUDGE
JY
List No.: 1 Sl No.: 10
CT: BHK