Mere pendency of criminal case not sufficient to reject passport application: Allahabad High Court

The Allahabad High Court recently ruled that a person's application for passport cannot be denied merely on the ground of pending of criminal case against him [Akash Kumar V/s Union of India]..A division bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar directed the passport authorities to decide the application of the petitioner for the issuance of a passport within six weeks..The Court was hearing a plea by one Akash Kumar challenging an order passed by passport authorities rejecting Kumar's application on the ground that police verification report was not clear..The counsel for the Central government NK Chatterji cited an adverse police verification report which contained remarks "NCR No. 203/2022 under Section 323, 504 IPC registered" against the applicant-petitioner..Chatterji also submitted that a show cause notice had been issued to the petitioner to submit his reply in the case. However, a response to the show cause notice was yet to be received, it was pointed out..However, the counsel for the petitioner submitted that as per provisions of Code of Criminal Procedure Code, if there is no order of any Magistrate for investigation under Section 155 (1) CrPC, then no police officer could investigate a non-cognizable case.He further submitted that the NCR was of year 2020 and as per Section 468 CrPC, if cognizance of the case could not be taken within limited period then the report of the non-cognizable case would be worthless document. In this backdrop, the counsel for the petitioner vehemently contended that neither he was convicted in any case till date nor he is having any criminal history except the aforesaid case..He also submitted that it is a settled law by the Supreme Court that the passport cannot be denied merely on the basis of criminal case. In support of this, he placed reliance upon judgment passed by the apex court in the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation, wherein the Court had held that the passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal..The High Court, accordingly, directed the passport authority to consider the application of the petitioner for issuance of passport within six weeks."In the facts and circumstances of the case, we are of the considered opinion that the claim of the petitioner must be processed in the light of the observation made by the Apex Court in the above noted judgement as well as in the light of the judgment in Basoo Yadav within six weeks from the date of production of a certified copy of this order," the Court ordered..Advocates Shashi Kant Shukla and Sadhana Dubey appeared on behalf of the petitioner. Assistant Solicitor General Narendra Kumar Chatterjee appeared on behalf of the Union of India..[Read Order]