Passport Renewal Cannot be Denied Based on Pending Criminal Cases: MP HC

In a significant ruling, the Madhya Pradesh High Court, presided over by Hon'ble Shri Justice Subodh Abhyankar, has pronounced that passport renewal cannot be denied solely on the grounds of pending criminal cases against the applicant. The Court's decision came in response to a writ petition filed by Abu Zar Rangwala, seeking the renewal of his passport.

The petitioner's passport renewal had been withheld due to two pending criminal cases registered against him under various sections of the Indian Penal Code. The respondents relied on Gazette Notification No.G.S.R No.298(E) dated 14.04.1976 issued by the Ministry of External Affairs to argue against the renewal.

In its observation, the Court drew attention to a prior judgment dated 09.05.2023 (W.P. No.6229/2023) where it interpreted the Gazette Notification. The Court noted that the Gazette Notification was meant to apply when individuals intended to depart from India and required permission from the concerned court. However, the present case pertained to passport renewal and not departure from the country. The Court emphasized the distinction between seeking passport renewal and intending to leave India.

"The Gazette Notification pertains to those intending to depart from India, not to passport renewal," the Court observed, debunking the argument against renewal based on the Notification.

The Court clarified that the Gazette Notification does not pose a legal impediment to passport renewal in cases where individuals are not intending to leave the country. Accordingly, the Court allowed the writ petition and directed the respondents to renew the petitioner's passport within three months from the date of the certified copy of the order.

The Court made it clear that while passport renewal would be granted, it does not automatically grant permission to travel abroad. Individuals with pending criminal cases would still need separate permission from the concerned courts to travel outside the country.

This ruling, echoing the principles of justice and individual rights, will likely impact similar cases in the future and could lead to a more nuanced approach in cases involving passport renewals and pending criminal proceedings.

Date of Decision: 14th August, 2023

ABUZAR RANGWALA vs UNION OF INDIA MINISTRY