Passport Issuance During Pending Criminal Proceedings

Source: Allahabad High Court 

Why in News? 

The Division Bench of Justices Ajit Kumar and Swarupama Chaturvedi in the case of Rahimuddin v. Union of India and Another (2025) held that passport authorities can issue passports valid for one year when court permission for travel doesn't specify duration, and directed police departments to complete passport verification within stipulated timelines to avoid delays. 

What was the Background of Rahimuddin v. Union of India and Another (2025) Case? 

• The petitioner had a criminal case pending against him (FIR No.181 of 2016 under Section 447 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984). 
• Initially, the passport application was declined due to the pending criminal proceedings. 
• The petitioner approached the Allahabad High Court through Writ C No. 30083 of 2024, seeking direction for passport issuance. 
• Following the Court's order dated 10.09.2024, the petitioner obtained a No Objection Certificate (NOC) from the Chief Judicial Magistrate, Pilibhit on 10.10.2024. 
• The Regional Passport Officer, Bareilly issued a passport valid for one year (20.01.2025 to 19.01.2026). 
• The petitioner filed the present petition seeking renewal/reissuance of the passport for ten years instead of one year. 
• The petitioner relied on the judgment in Pawan Kumar Rajbhar v. Union of India & 2 Others (2024). 
• The passport office contended that since the court order didn't specify duration, one-year validity was correctly granted as per the Notification dated 28.8.1993. 

What were the Court's Observations? 

Legal Framework Analysis: 

The Court examined Section 6(2)(f) of the Passport Act, 1967, which mandates refusal of passport if criminal proceedings are pending against the applicant. However, the Central Government exercised powers under Section 22 to issue GSR 570(E) Notification dated 25.08.1993, granting exemption to such persons who obtain court permission. 

GSR 570(E) Notification - Key Provisions: 

The notification prescribes passport validity duration based on court orders: 

• If court specifies period – issue passport for that period. 
• If court doesn't specify period – issue passport for one year only. 
• One-year passports can be renewed annually if applicant hasn't travelled and court order remains valid. 

The Office Memorandum dated 10.10.2019 clarified that GSR 570(E) has statutory force and must be strictly applied. 

Constitutional Principles: 

The Court referenced Maneka Gandhi v. Union of India (1978), holding that right to travel is part of Article 21, and administrative actions must be fair, reasonable, and non-arbitrary. It also cited Satwant Singh Sawhney (1967), which established that persons are ordinarily entitled to passports unless valid grounds exist for refusal. 

Court's Holdings and Directions: 

Principal Holdings: 

1. One-Year Validity Justified: Since the court's NOC didn't specify duration, the passport authority correctly issued passport valid for one year under the 1993 notification. 
2. No Automatic Right to Ten-Year Passport: Petitioner cannot demand ten-year passport as a matter of right when criminal proceedings are pending. 
3. Annual Renewal Available: One-year passports can be extended annually if applicant hasn't travelled and court order remains unmodified. 

Directions to Authorities: 

• Regional Passport Officers must inform applicants within one month if passport cannot be issued. 
• Once NOC obtained, dispose application within one further month. 
• Police must submit verification reports within four weeks. 

General Directions: 

• Applicants should obtain necessary NOC before approaching courts. 
• Police departments must ensure timely verification to avoid delays. 
• Judgment copy sent to all Regional Passport Offices in Uttar Pradesh and Additional Chief Secretary Home, U.P.

What is the Passports Act, 1967?

About: 

• The Passports Act, 1967 is a comprehensive legislation enacted by the Parliament of India that governs the issuance of passports and travel documents to Indian citizens and regulates their departure from India. The Act serves as the primary legal framework for passport administration in India and establishes the authority, procedures, and conditions for passport issuance.  
• The Act came into force on 24th June, 1967, and extends to the whole of India while also applying to Indian citizens residing outside India. It provides for the issue of passports and travel documents, regulates the departure of Indian citizens and other persons from India, and addresses matters incidental or ancillary to passport administration. 

Section 6(2) of Passports Act, 1967: 

• Section 6(2) - Refusal of passports, travel documents, etc.  
  • Specifies the exclusive grounds on which passport authority may refuse to issue passport, including:  
    • Non-citizenship of India 
    • Activities prejudicial to sovereignty and integrity of India 
    • Security concerns 
    • Criminal convictions 
    • Pending criminal proceedings 
    • Outstanding warrants 
    • Public interest considerations 

What are the types of Passports? 

What is the Difference between Passport and Visa?