The Allahabad High Court recently held that persons with pending criminal cases against them do not need to seek prior permission of the courts for issuance of passport.
A Bench of Justices Alok Mathur and Arun Kumar Singh Deshwal said that the competent authority is under a mandate to take a decision under Section 5 of the Passports Act on an application for issuance of passport.
“If he is of the opinion that it is a fit case for grant of a passport, he may pass an appropriate order for issuance of the passport and in case he feels that conditions exists for refusal for grant of the passport he may pass an appropriate order considering grounds of Section 6 of Indian Passport Act,” the Court said.
Justice Alok Mathur and Justice Arun Kumar Singh Deshwal
It added that there exists no provision requiring a person facing criminal cases to seek prior permission from a court for issuance of passport.
“This Court is of the considered view that no prior permission from the competent court is required where the criminal cases are pending for issue of passport under the Indian Passport Act and no such provision has been envisaged in the said Act."
The Court was hearing a petition moved by one Umapati in whose case the passport authority had declined to take any decision on issuance of passport due to the pendency of two criminal cases against him.
In response to Umapati’s petition seeking a decision on the pending passport application,
Deputy Solicitor General SB Pandey argued that the passport authority was not obliged to take any decision and the petitioner should apply to the court where the criminal cases are pending.
However, the Court said that the petitioner would be required to approach the competent court for permission only in case of a plan to go abroad.
While rejecting the objection raised by the Central government counsel, the Court said,
“Once an application is made for grant of a passport then the authority has to take a decision in terms of statutory provisions under the Indian Passport Act and accordingly a case for interference is made out.”
Accordingly, the Court directed the passport authority to consider and decide the petitioner's application for passport in accordance with law.
Source : https://www.barandbench.com/news/no-need-court-permission-passport-issuance-criminal-case-pending-allahabad-high-court
