Those facing criminal cases should get the court’s permission for reissue or renewal of passport: HC

The Madurai Bench of the Madras High Court has held that the reissue/renewal of passport should be treated by the Passport Officer in the same matter as the issuance of a fresh passport, and a person against whom a criminal case is pending should get prior permission from the court concerned for reissue/renewal of passport.

A full Bench of Justices G. Jayachandran, S. Srimathy, and K.K. Ramakrishnan was answering the question, ‘Whether the re-issue/renewal of the passport has to be treated by the Passport Officer in the same manner as the issuance of a fresh passport, or simpliciter a case of renewal?’

The court said the power to re-issue or renew a passport after expiry of its tenure is traceable to Section 5 of the Passports Act. The restrictions contained in Section 6(2) (f) of the Passport Act apply not only to fresh applications, but also to re-issuance/renewal. The Act, which provides the procedures and the conditions for issuance of passport afresh and for renewal of passport, does not make any differentiation in respect of vital conditions, particularly the requirement of clearance when the applicant is facing criminal proceedings in a criminal court in India.

The court pointed out that from the scheme of the Passports Act, Passports Rules, GSR 570 (E) dated 25.08.1993, and OM dated 10.10.2019, it is clear that persons facing criminal proceedings are not absolutely disentitled to a passport.

“A passport is a civil document that enables its holder to seek a visa, subject to other laws and orders, to cross international borders. The right of a person who is on bail or facing trial or pending appeal to leave the country is subject to the permission of the criminal court, which can grant or withhold permission, impose conditions, insist on undertakings, or refuse leave altogether,” the Bench said.

“To ensure that persons suspected of heinous crime are prevented from fleeing, as given in the instructions in OM dated 10.10.2019, if any FIR is registered against the applicant, the Investigating Officer has to furnish clearance mentioning the nature of the case and the stage of the investigation. It is for the Passport Authority to decide those applications based on the report,” the court said.

“If the passport is declined with a speaking order, the same shall be subject to judicial review. In cases where criminal proceedings are pending that is cases where the Court took cognizance pending trial or appeal the guidelines provided in the notification GSR 570(E) and the instructions provided in the Official Memorandum dated 10.10.2019 has to be scrupulously followed,” the court held.

The person against whom a criminal case is pending has to get prior permission of the court concerned for reissue/renewal of passport, and submit the same along with the application, as contemplated under the Passport Act and Manual.