Issuance, Renewal, or Re-Issuance Must Adhere to Section 6(2)(f) of the Passport Act: High Court of Karnataka Upholds Passport Denial in Criminal Cases

In a noteable judgment, the High Court of Karnataka has upheld the decision of the Regional Passport Office to deny the issuance of a normal validity passport to an individual involved in ongoing criminal proceedings. The case, Shri B.R. Swamynathan v. Union of India & Others, became a focal point in interpreting the applicability of the Passports Act, 1967 in such scenarios.

The court meticulously reviewed the Act, especially Sections 2(e), 3, 5, 6, 7, 10, and 22, concluding that “issuance, renewal, or re-issuance of a passport must adhere to the stipulations of Section 6, particularly sub-section (2)(f).” This section restricts issuing passports to individuals with pending criminal cases, a significant point in the judgment.

The Hon'ble Mr. Justice M. Nagaprasanna, presiding over the case, also shed light on the Government of India's GSR 570 Notification. This notification allows for the issuance of short validity passports under specific conditions, including obtaining permission from the concerned court. The judgment states, “This is subject to specific conditions, such as the period of passport validity aligning with the court's order.”

This verdict takes into account various judicial interpretations and precedents, notably the Delhi High Court’s judgment in Ashok Khanna v. Central Bureau of Investigation and the Andhra Pradesh High Court’s ruling in Kadar Valli Shaik v. Union of India. The latter aligns with the stringent application of Section 6(2)(f) for renewal cases and was considered authoritative in this judgment.

High Court rejected the petitioner’s request for a regular, 10-year validity passport. Upholding the endorsement by the Regional Passport Office, the court advised the petitioner to seek a short validity passport from the concerned court, in compliance with the Act and GSR 570 Notification. The court clarified that the request for a short validity passport should not be denied solely based on the pending criminal case.

Date of Decision: 17th January, 2024

SHRI. B.R.SWAMYNATHAN  VS THE UNION OF INDIA