Madras High Court Sets Aside Passport Denial, Directs Accused to Seek Court Permission for Travel Abroad

The Madras High Court, in a significant ruling, addressed the nexus between pending criminal proceedings and the eligibility for passport issuance. The Court's decision revolved around the interpretation and application of Sections 5(2) and 6(2) of the Passports Act, 1967, and the Ministry of External Affairs notification GSR.570(E) dated 25.08.1993.

The petitioner, Rajkumar, challenged the refusal to issue a passport due to a pending criminal case (Cr.No.44 of 2022). The Regional Passport Officer had issued a show cause notice, citing the suppression of information about the pending case in the passport application. The primary issue was whether a passport could be issued to a person with ongoing criminal proceedings.

Justice V.Bhavani Subbaroyan, while assessing the matter, referred to the precedents in N.Chandrababu vs. the Sub Inspector of Police and Noushad Thazhaith vs. State, which established guidelines for passport issuance to individuals with pending criminal cases. The Court observed, "In the light of these legal provisions...it is incumbent upon the petitioner to obtain permission from the court where the criminal case is pending for traveling abroad." The Court further added that "a balance must be struck between the individual’s right to travel and the interests of justice."

The judgment underscored the application of Sections 5(2) and 6(2) of the Passports Act, 1967. These sections empower the passport authority to refuse passport issuance in cases where criminal proceedings are pending. Additionally, the Court highlighted the MEA notification GSR.570(E), which provides a mechanism for individuals with pending cases to obtain passports, subject to certain conditions.

The High Court set aside the order of the Regional Passport Officer dated 05.01.2024 and directed the petitioner to seek permission from the court handling his criminal case for traveling abroad and passport issuance. The petitioner was also instructed to participate in the criminal proceedings and inform the court about the High Court's orders.

Dated : 01.02.2024

Rajkumar vs. The Regional Passport Officer & Anr.