High Court Clarifies Passport Denial in Post-Conviction or Post-Acquittal Proceedings

In a significant ruling, the Hon’ble High Court, in a recent judgment delivered by Justice Jagmohan Bansal, has clarified the applicability of Section 6(2)(f) of the Passport Act, 1967, in post-conviction or post-acquittal proceedings. The verdict sheds light on the interpretation and scope of the law, highlighting the impact of constitutional rights on passport issuance decisions.

The court categorically stated, “Clause (f) of Section 6(2) of Passport Act, 1967 is inapplicable to post-conviction or post-acquittal proceedings. As soon as a person is convicted or acquitted, he would be governed by Clause (e) of Section 6(2) of the 1967 Act.”

The case arose from several petitions seeking the issuance or renewal of passports after being convicted or acquitted of criminal offenses. The key contention revolved around the interpretation of Section 6(2)(f) of the Passport Act, which deals with passport issuance to individuals involved in criminal proceedings.

The court extensively discussed the role of the High Court in criminal matters, relying on a previous judgment and stating, “High Court is not a criminal court in terms of Section 6(2)(f) of the 1967 Act.”

Furthermore, the court emphasized the significance of constitutional rights in the passport issuance process. It cited, “Denial of passport not only amounts to violation of fundamental rights guaranteed by Article 14 & 21 but also freedom of speech, business, and trade contemplated by Article 19(1)(a) and (g) of the Constitution unless and until the procedure prescribed by law is followed.”

The judgment also examined a 1993 notification and 2019 instructions issued by the Central Government to exempt citizens facing criminal proceedings from the operation of Section 6(2)(f). The court clarified that these exemptions were limited to criminal proceedings pending before the trial court and were not applicable to pending appeals.

While delivering the verdict, Justice Jagmohan Bansal highlighted the changing social, scientific, and economic landscape, stating, “With the advancement of technology, improvement of means of communication, globalization of the economy, and an increase in international trade, traveling abroad has substantially increased and become part of life.”

High court directed all passport authorities to consider its observations and findings while processing pending and subsequent applications, aiming to minimize litigation related to passport issues.

Date of Decision:14th July 2023

MOHAN LAL @ MOHNA vs UNION OF INDIA AND OTHERS