By:- Adarsh rana

Case laws related to the situation when ‘A passport application cannot be denied on the premise
that a FIR has been filed against the applicant. Such application can be denied only if the
Applicant is convicted of an offence’.

Case name

Ravindra Nath Bhargav v. State of U.P

Date

9 January, 2019

Facts

It is submitted that passport was issued to the applicant by Regional Passport Office, Lucknow
on 07.05.2007 but the validity of the said passport was up to 06.05.2017 so he applied through
online for renewal of his aforesaid passport on 17.03.2017 but on account of pendency of
criminal case under Sections 323, 354B, 504 and 506 I.P.C. pursuant to F.I.R. was dated against
him, so his application for renewal was put on hold at Passport Seva Kendra. It is contended
that the applicant has again submitted re-issue application dated 17.03.2017 before Regional
Passport Office, Lucknow, Ministry of External Affairs, Government of India. On seeking
status of the above application dated 17.03.2017 by the applicant, Regional Passport Office,
Lucknow by letter dated 03.07.2017 given reply to the applicant observing the following
discrepancies: -
"1. As per your submitted passport application from a court case pending against you.
2. Please obtain order/no objection from the concerned court."
"Further request was made to the applicant "to produce proper certificate/explanation for the
same without which the requested service cannot be provided to applicant".
So, he filed an application in order to obtain no objection regarding renewal of passport but the
said application was rejected by the Additional Chief Metropolitian Magistrate. So, he filled
an application with the permission to travel to U.S.A.

Section Involved:

Section 5 in The Passports Act, 1967

Applications for passports, travel documents, etc., and orders thereon:-
(1) An application for the issue of a passport under this Act for visiting such foreign country
or countries (not being a named foreign country) as may be specified in the application may be
made to the passport authority and shall be accompanied by 2 [such fee as may be prescribed
to meet the expenses incurred on special security paper, printing, lamination and other
connected miscellaneous services in issuing passports and other travel documents].
Explanation. In this section, “named foreign country” means such foreign country as the
Central Government may, by rules made under this Act, specify in this behalf.
(1A) An application for the issue of-
(i) a passport under this Act for visiting a named foreign country; or
(ii) a travel document under this Act, for visiting such foreign country or countries (including
a named foreign country) as may be specified in the application or for an endorsement on the
passport or travel document referred to in this section, may be made to the passport authority
and shall be accompanied by such fee (if any) not exceeding rupees fifty, as may be prescribed.
(IB) Every application under this section shall be in such form and contain such particulars as
may be prescribed.]
(2) On receipt of an application 3 [under this section], the passport authority, after making such
inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Act,
by order in writing -
(a) issue the passport or travel document with endorsement, or, as the case may be, make on
the passport or travel document the endorsement, in respect of the foreign country or countries
specified in the application; or
(b) issue the passport or travel document with endorsement, or, as the case may be, make on
the passport or travel document the endorsement, in respect of one or more of the foreign
countries specified in the application and refuse to make an endorsement in respect of the other
country or countries; or
(c) refuse to issue the passport or travel document or, as the case may be, refuse to make on the
passport or travel document any endorsement.
(3) Where the passport authority makes an order under clause (b) or clause (c) of sub-section
(2) on the application of any person, it shall record in writing a brief statement of its reasons
for making such order and furnish to that person on demand a copy of the same unless in any
case the passport authority is of the opinion that it will not be in the interests of the sovereignty
and integrity of India, the security of India, friendly relations of India with any foreign country
or in the interests of the general public to furnish such copy.
Section 6(2)(f) in The Passports Act, 1967
that proceedings in respect of an offence alleged to have been committed by the applicant are
pending before a criminal court in India.
Judgement

In the present case in hand allegation and charges levelled against the applicant by the
complainant cannot be said to be grave or heinous in nature. The criminal case against him is
also not related to public importance at large because of which the applicant is already on bail,
therefore, applicant got the allowance to his application.
And the order given by the Additional Chief Metropolitan Magistrate was Quashed.
And certain Directions were given by the court: -
Applicant shall submit his undertaking along with his affidavit within three weeks from the
date of this order before the trial court concerned clearly mentioning that he will not leave India
during pendency of his trial without prior permission of the trial court and he shall appear on
each date in the trial before the trial court.
In case the aforesaid undertaking is filed by the applicant as directed above, the trial court on
demand by the applicant shall issue certified copy of undertaking given by the applicant within
a week to him.
The applicant shall move a fresh application along with certified copy of this order and his
aforesaid undertaking before the Passport Officer/authority concerned for renewal or reissue
of his passport, as the case may be.
In case such application is moved by the applicant, the Passport Officer/authority concerned
considering the case of the applicant afresh in the light of observation made by this Court in
this order as well as contents of undertaking of the applicant, shall decide the application of the
applicant in accordance with law within three weeks from the date of moving application by
the applicant before him.

Case name

Ashok Kumar Sharma vs The Regional Passport Officer & ...

Date

13 March, 2018
Facts

On 08.11.2004, an FIR was, inter alia, registered against the petitioner under Section 120B of
the Indian Penal Code, 1860 (IPC) read with Section 13(2) and 13(1)(d) of the Prevention of
Corruption Act, 1988 and Section 420, 467, 468 and 471 IPC. The allegation against the
petitioner was that while posted as the Group General Manager of a public-sector undertaking
(TCIL), he had entered into a criminal conspiracy with the co-accused and abused his official
position, in the matter of appointment of a fictitious firm as an agent for a project awarded to
TCIL by M/s Bhutan Telecom and thereby causing wrongful pecuniary loss to the exchequer.
On 07.01.2008, respondent no.3 (CBI) filed a charge-sheet against the petitioner under the
afore-mentioned provisions. On 22.02.2008, the Trial Court took the cognizance of the said
charges and commenced trial. During the course of the trial, the term of the petitioner's passport
expired. Accordingly, in May/June, 2014, the petitioner filed an application seeking no
objection from the Trial Court for renewal of his passport. The learned Trial Court acceded to
the petitioner's request and granted the NOC. However, the petitioner could not complete the
formalities for renewal of the passport prior to completion of the trial. The Trial Court
convicted the petitioner by a judgment dated 12.09.2014. By an order dated 15.09.2014, he was
sentenced to undergo rigorous imprisonment for three years with a fine of ₹10,00,000/-. This
Court is informed that the petitioner has deposited the fine as directed. Aggrieved by the
conviction and the order of sentence, the petitioner filed an appeal in this Court impugning the
judgment dated 12.09.2014 and the order of sentence dated 15.09.2014. On 21.08.2017, this
Court passed an order suspending the sentence of the petitioner till the disposal of the criminal
appeal. After the suspension of sentence, the petitioner filed an application for renewal of his
passport. However, the same was not processed as the petitioner had not enclosed an NOC by
the concerned Court. In view of the above, the petitioner filed an application in the appellate
proceedings pending before this Court seeking permission for renewal of his passport.

Section involved

Section 6(2)(e) in The Passports Act, 1967

that the applicant has, at any time during the period of five years immediately preceding the
date of his application, been convicted by a court in India for any offence involving moral
turpitude and sentenced in respect thereof to imprisonment for not less than two years.
Section 6(2) in The Passports Act, 1967
Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport
or travel document for visiting any foreign country under clause (c) of sub-section (2) of section
5 on any one or more of the following grounds, and on no other ground, namely:—
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the
sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the
security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly
relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the
date of his application, been convicted by a court in India for any offence involving moral
turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant
are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant
has been issued by a court under any law for the time being in force or that an order prohibiting
the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in
connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to
the applicant will not be in the public interest.
Section 22 in The Passports Act, 1967
Power to exempt -Where the Central Government is of the opinion that it is necessary or
expedient in the public interest so to do, it may, by notification in the Official Gazette and
subject to such conditions, if any, as it may specify in the notification,
(a) exempt any person or class of persons from the operation of all or any of the provisions of
this Act or the rules made thereunder; and
(b) as often as may be, cancel any such notification and again subject, by a like notification,
the person or class of persons to the operation of such provisions.
Section 6(2)(f) in The Passports Act, 1967
that proceedings in respect of an offence alleged to have been committed by the applicant are
pending before a criminal court in India.
Judgement

According to the court the appellate proceedings would also fall within the scope of criminal
proceedings as referred to in the notification dated 25.08.1993. The reliance on the said
decision is misplaced, as in that case, an appeal against an order of acquittal (not conviction)
was pending. Thus, clause (e) of Section 6(2) of the Passport Act was not applicable and the
case of the applicant therein could be processed in terms of the notification dated 25.08.1993.
It is also relevant to observe that in terms of Section 6(2)(e) of the Act, a passport can be denied
to a citizen if he is convicted of an offence at any time during the period of five years preceding
the date of application for a passport. In the present case, the petitioner was convicted of an
offence on 12.09.2014 and, thus, any application made during the period of five years from
that date that is, till 11.09.2019 can be rejected in terms of Section 6(2)(e) of the Passports Act.
The petitioner would be at liberty to make an application for a passport after the said date under
the provisions of Section 6(2)(e) of the Passports Act. Needless to state that if such application
is made, the same cannot be denied on the ground as stated under Section 6(2)(e) of the
Passports Act. Therefore, the petition is disposed.

Case name

Ashok Khanna vs Central Bureau of Investigation

Date

7 November, 2019

Facts

The facts of the application are that the applicant is a retired officer from Syndicate Bank, who
during the normal course of his duties was part of the disbursal of the credit facilities to M/s
Surhit Services Pvt. Ltd. The State Bank of India also granted credit facilities to the said
Borrower. After the applicant retired from Syndicate Bank, the said credit facilities were
renewed by Syndicate Bank and enhanced in consortium with State Bank of India. However,
later the credit facility was classified as NPA due to non-service of the loan instalments/interest.
During recovery process, the Bank filed a complaint with Central Bureau of Investigation as
the same was mandatory. The applicant, amongst other Bank officials, were charged by the
CBI after conducting a routine enquiry. The Ld. ASJ, Special Judge CBI, convicted the
applicant under Section 13 (1) (d) of the Prevention of Corruption Act, 1988 and handed down
sentence of two and a half years and fine of Rs.20,000/-. Learned counsel appearing on behalf
of the petitioner submitted that the applicant holds a valid Indian Passport, which is due to
expire on 01.06.2019. The applicant frequently travels to meet his daughter, who has been
residing in USA for the last 13 years. The applicant holds a valid VISA to USA for 10 years
which was obtained for visiting his daughter from time to time. The applicant planned to visit
his daughter during the last week of February, 2018 and the passport was due to expire on
01.06.2019. Accordingly, the applicant approached the Regional Passport office for its
renewal, as he would not be permitted to travel by USA authorities, if the passport expires
within six months. For seeking renewal, the applicant, while following the procedure so laid,
sought an appointment for verification of his documents on 05.02.2019, however, the applicant
was advised by the official that his application will not be entertained unless specific
permission is obtained from this Court. It is further submitted that the applicant also visited his
daughter at USA on 21.09.2018 and returned back to India on 14.10.2019. The said visit was
after the conviction was awarded to the applicant by the Ld. ASJ Spl. Judge, CBI. The applicant
is a permanent resident of India and has a respectable family background. He is a law abiding
citizen and has no other case/proceedings, of any nature, pending before any other Court/Forum
/Tribunal.
Section Involved

Section 6 in The Passports Act, 1967

Section 6(2)(e) in The Passports Act, 1967
that the applicant has, at any time during the period of five years immediately preceding the
date of his application, been convicted by a court in India for any offence involving moral
turpitude and sentenced in respect thereof to imprisonment for not less than two years.
Section 10(3) in The Passports Act, 1967
The passport authority may impound or cause to be impounded or revoke a passport or travel
document-
(a) if the passport authority is satisfied that the holder of the passport or travel document is in
wrongful possession thereof;
(b) If the passport or travel document was obtained by the suppression of material information
or on the basis of wrong information provided by the holder of the passport or travel document
or any other person on his behalf: 5 [Provided that if the holder of such passport obtains another
passport, the passport authority shall also impound or cause to be impounded or revoke such
other passport.] 1[Provided that if the holder of such passport obtains another passport, the
passport authority shall also impound or cause to be impounded or revoke such other
passport.]"
(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and
integrity of India, the security of India, friendly relations of India with any foreign country, or
in the interests of the general public;
(d) if the holder of the passport or travel document has, at any time after the issue of the passport
or travel document, been convicted by a court in India for any offence involving moral turpitude
and sentenced in respect thereof to imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the
passport or travel document are pending before a criminal court in India;
(f) if any of the conditions of the passport or travel document has been contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under
sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the
appearance, or a warrant for the arrest, of the holder of the passport or travel document has
been issued by a court under any law for the time being in force or if an order prohibiting the
departure from India of the holder of the passport or other travel document has been made by
any such court and the passport authority is satisfied that a warrant or summons has been so
issued or an order has been so made.
Judgement

The case of the petitioner is for renewal of the passport. Neither he is asking for a new passport
nor seeking re-issue or replacement of lost or damaged passport, therefore, the said applicant
is not applicable in the case of the petitioner. However, the case of the petitioner falls under
application Form EA(P)-2 and according to this application, I note in Form EA(P)-1, passport
application form (1) serial no.17 (a), (b) & (c).
Whereas in Form EA(P)-2, serial number 5 is application which is reproduced as under:
“Are any criminal proceedings pending against applicant in criminal court in India or any other
disqualifications under section 10(3).”
Thus, in EA(P)-2, there is no such condition to take certificate from the court. Thus, the
respondent has misread the provisions and contents of the two applications mentioned above.
Moreover, Rule 5 is applicable for renewal of passport which is as under:
"Form of applications. - [(1)] An application for the issue of a passport or travel document or
for the renewal thereof or for any miscellaneous service shall be made in the appropriate Form
set out therefore in Part I of Schedule III and in accordance with the procedure and instructions
set out in such form:
[Provided that every application for any of the aforesaid purposes shall be made only in the
form printed and supplied by-
(a) the Central Government; or
(b) Any other person whom the Central Government may notification to the condition that such
complies that Government behalf:
Provided further that] in the course of any inquiry under sub-section (2) of section 5, a passport
authority may require an applicant to furnish such additional information, documents or
certificates, as may be considered necessary by such authority for the proper disposal of the
application.
(2) The price of the new application forms referred to in sub-rule (1) shall be as specified in
column 3 or 4, as the case may be, of Schedule III A for that particular category:
(3) The Passport Authority may authorise any person or authority to collect passport
applications on its behalf for issue of a passport or travel document or for the renewal thereof
or for any miscellaneous service on payment of a service charge specified by the Central
Government under sub-rule (2) of rule 8 in addition to the fee payable under sub-rule (1) of
rule 8 and the service charge shall be paid by the applicant to such person or authority.]
In view of above provisions, there is a separate provision for renewal of the passport, therefore,
section 6 is not applicable in the present case. Though Passport Authority is not made party in
the present appeal, I exercise powers under Article 226 of the Constitution of India,
accordingly, the said authority is directed to renew the passport of the petitioner within 15 days
from the receipt of this order.