Cloud Over Applicant Must Walk Away: Karnataka High Court Upholds Passport Denial in Pending Criminal Case

In a significant judgment, the Karnataka High Court, presided over by the Hon’ble Mr. Justice M. Nagaprasanna, has upheld the decision of the Regional Passport Office to deny the re-issuance of a normal validity passport to a petitioner involved in ongoing criminal proceedings. The landmark decision, delivered on December 4, 2023, has profound implications for individuals with pending criminal cases seeking passport services.

The case, titled Santhosh Beejadi Srinivasa vs. Union of India & Others, revolved around the petitioner’s request for the re-issuance of his passport, which was denied due to a pending criminal trial. The petitioner, Mr. Santhosh Beejadi Srinivasa, challenged this decision, invoking Articles 226 and 227 of the Constitution of India.

In a detailed analysis of the Passports Act, 1967, and related rules and notifications, Justice Nagaprasanna provided a comprehensive interpretation of the legal framework governing passport issuance in India. A key observation made by the court noted, “As long as Section 6(2)(f) stares at any application, be it for fresh, renewal, or re-issuance, such application cannot be directed to be granted, diluting the rigor of Section 6(2)(f).”

The court emphasized the importance of adhering to the legal provisions when considering passport applications against the backdrop of pending criminal proceedings. It was observed that “if an applicant of the kind in the case at hand, wants to walk over the clouds; the cloud over such applicant must walk away.” This statement highlights the necessity for clearing legal hurdles before seeking passport issuance or renewal.

Date of Decision: 04^th December 2023

SANTHOSH BEEJADI SRINIVASA VS UNION OF INDIA