Renewal of passport cannot be refused citing pending criminal case if concerned court grants permission: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that passport authorities cannot refuse to renew passport citing pendency of criminal case against the applicant if the concerned court grants permission to the person to travel abroad [Kadar Valli Shaik v Union of India]. .Justice Ravi Nath Tilhari passed the order in three writ petitions which sought a direction to the passport authorities for a renewal of the petitioners’ passports after it was rejected on the ground of pending criminal proceedings. “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,” the single-judge ordered. .The petitioners had been accused of crimes such cheating, cruelty towards women and offences under provisions of the Dowry Prohibition Act. Due to the pending trials, their passport was not recommended for renewal by the authorities. The petitioners argued that under Section 6(2)(f) of the Passports Act, renewal cannot be refused since it applies only to the issuance of a passport. .The Central government, on the other hand, contended that the authorities could refuse passport services to the petitioner under the Passports Act in view of the pendency of the criminal cases. It was stated that the issue could be considered if the petitioner submits either an acquittal order from the court concerned or obtains a permission from the court where the case is pending..Therefore, the primary question for consideration before the court was whether renewal of the passport could be refused on the ground of pendency of a criminal case for trial under Section 6 (2)(f) of the Act..To examine the issue, attention was drawn to a Ministry of External Affairs notification from August 1993 which granted an exemption from the operation of Section 6 (2)(f) if the applicant produces an order from the court concerned permitting them to depart India. “In other words, even if the proceedings in respect of an offence alleged to have been committed by the applicant for the passport are pending before a criminal court in India, the passport authority shall not refuse to issue passport if such applicant produces the order from the Court concerned permitting him to depart from India,” the Court said..Thus, the Court held that authorities could deny renewal only in the absence of a court’s permission. Further, it was clarified that this notification also applied to applicants who have already departed from India by using the passport which is sought to be renewed. .With this, the respondents were asked to consider the petitioner’s case on production of a court order..Advocates P Sree Ramulu Naidu, KV Aditya Chowdary, and Surepalli Madhava Rao appeared for the petitioners. The respondents were represented by Central Governemnt Counsel G Arun Showri and Alekhya Tadasina. [Read Judgment]