Person Facing Criminal Cases Doesn't Need Court's Nod For Passport Issuance; Permission Required In Case Of Foreign Travel: Allahabad HC
Sparsh Upadhyay
18 July 2024 6:15 AM GMT
Last month, the Allahabad High Court observed that under the Indian Passport Act 1967, a person seeking the issuance of a passport is not required to obtain prior permission from the competent court, even if such a person is facing criminal charges.
A Bench of Justice Alok Mathur and Justice Arun Kumar Singh Deshwal explained that under the 1967 Act, the passport authority has to consider and decide on the application for issuance of passport, as per Section 5(2).
The Court added that the 1967 Act does not contain a provision requiring the court's prior permission before a passport is issued. However, such permission would be required if the person plans to travel to a foreign country.
The Court said that such application for issuance of a passport can be rejected only on any of the conditions as prescribed under Sections 5 & 6 of the said Act.
“This Court is of the considered view that the competent authority under the Indian Passport Act is under a mandate to take a decision as per Sections 5. If he is of the opinion that it is a fit case for grant of a passport, he may pass an appropriate order for issuance of the passport and in case he feels that conditions exists for refusal for grant of the passport he may pass an appropriate order considering grounds of Section 6 of Indian Passport Act.”
With this, the Court category held that no prior permission from the competent court is required where criminal cases are pending for the issue of a passport, and no such provision has been envisaged in the said Act.
The court observed this while hearing a petition moved by one Umapati whose application for issuance of a passport was rejected by the passport authority, citing the pendency of two criminal cases against him.
While opposing his plea seeking issuance of a passport, Dy. Solicitor General of India SB Pandey submitted that the passport authority is not obliged to take any decision. The petitioner should apply to the court of competent jurisdiction where the criminal cases are pending for obtaining a passport.
Rejecting this contention, the Court said that no such permission was required from a competent court.
The Court, however, added that if an applicant plans to go abroad, he would undoubtedly have to apply to the court of competent jurisdiction where the criminal cases are pending to seek such permission.
Accordingly, the Court directed respondent No. 4 to consider and decide the application preferred by the petitioner per the law expeditiously, say, within a period of four weeks.
Case title - Umapati vs. Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others 2024 LiveLaw (AB) 439
Case citation: 2024 LiveLaw (AB) 439
