Case Study

The petitioner sought passport renewal while facing a criminal trial under Sections 294, 323, 451, and 506 of the IPC. The trial court rejected his application, citing Section 6(2)(f) of the Passports Act, 1967.

• The petitioner relied on the 1993 Central Government Notification, which allows passport renewal if court permission is obtained.
• He argued that Article 21 of the Indian Constitution guarantees the right to travel as part of personal liberty.
• He cited Maneka Gandhi v. Union of India (1978), where the Supreme Court ruled that passport denial must adhere to due process and cannot be arbitrary.

• The Chhattisgarh High Court overturned the rejection order, directing the trial court to reconsider the case.
• The court ruled that passport renewal cannot be denied solely based on a pending criminal case, provided the applicant secures court permission.

Legal Implication: Individuals with pending criminal cases may apply for passport renewal with a valid No Objection Certificate (NOC) from the trial court.

The petitioner’s passport renewal application was denied due to a pending criminal case under Sections 323, 354B, 504, and 506 IPC.

• The Allahabad High Court quashed the rejection order and directed the trial court to issue an NOC for passport renewal.
• The court held that passport authorities cannot deny renewal arbitrarily and must honor valid court orders.
• The Passport Authority was directed to process the renewal application after the petitioner secured trial court approval.

Legal Implication: Even if charges are pending, an individual can apply for a passport with a valid court order.

1. Telangana High Court Ruling (April 2024)

The court ruled that passport renewal cannot be denied solely due to a pending criminal case. Key observations:

• A valid NOC from the trial court must be honored by passport authorities.
• Passports should be issued for the standard 10-year period, unless restrictions are imposed by the court.
• Arbitrary denials violate Article 21 and can be challenged in court.

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2. Jammu & Kashmir High Court Ruling (February 2025)

In Mohd. Amir Malik v. Union of India, the Jammu & Kashmir High Court ruled that passport issuance cannot be denied solely based on the criminal background of family members.

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1. Police Clearance Certificate (PCC)

• Required for passport issuance and renewal.
• Applicants with pending criminal cases must obtain an NOC from the trial court.

2. Obtaining a No Objection Certificate (NOC)

To secure an NOC, the applicant must:

• File a formal request with the trial court.
• Submit supporting documents, including case details and justification for travel.
• Appear before the court for approval.

3. Role of Legal Representation

Legal counsel plays a crucial role in:

• Presenting the case effectively to demonstrate compliance with legal requirements.
• Arguing constitutional rights under Article 21.
• Ensuring procedural fairness in the passport application process.

Statutory Provisions: The Passports Act, 1967

The Passports Act, 1967 governs the issuance, renewal, and refusal of passports in India. Under Section 6(2)(f) of the Act, a passport may be denied if:

• A person has a pending criminal case before an Indian court.
• A warrant or summons for appearance/arrest has been issued against the applicant.
• A court has prohibited the applicant from traveling abroad.
• The applicant has been convicted of an offense and has not completed the sentence.

However, judicial interpretations have clarified that the mere pendency of a criminal case is not an absolute bar to obtaining a passport. Courts have exercised judicial discretion in granting exemptions in cases where legal safeguards are followed.

The Government of India issued a notification on 25 August 1993, exempting individuals facing criminal proceedings from passport restrictions, provided they obtain a No Objection Certificate (NOC) from the trial court.

Under this notification, applicants can:

1. Apply for passport renewal while facing trial.
2. Obtain court permission to travel abroad.
3. Request a limited-period passport, depending on the court’s discretion.

Based on judicial precedents and statutory provisions, individuals with criminal cases can apply for a passport under the following conditions:

1. Obtain a No Objection Certificate (NOC) from the trial court.
2. Submit a formal application to the Regional Passport Office, citing the 1993 Notification and legal precedents.
3. Comply with all court conditions, including appearance at hearings if required.
4. Seek High Court intervention if passport renewal is unreasonably delayed or denied.

Kapil Dixit LLP is a leading law firm in Bangalore, specializing in:

• Criminal Law and Bail Matters
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