The Jammu and Kashmir High Court has ruled that the mere registration of an FIR or a pending investigation cannot prevent authorities from issuing or renewing a passport. The court stated that unless a charge sheet is presented in the case, passport authorities cannot refuse renewal.
Court’s Key Observations
The court noted that in the case under review, the investigation had not yet concluded. No charge sheet had been filed. Justice Javed Iqbal Wani cited a Supreme Court ruling, which clarified that criminal proceedings are deemed pending only when the investigating agency submits a final report or, in the case of a private complaint, when the court takes cognizance. Until then, proceedings cannot be considered pending for the purpose of denying a passport.
Legal Basis for the Judgment
Section 6(2)(f) of the Passport Act states that a passport application can be denied if criminal proceedings against the applicant are pending in an Indian court. However, the court referred to Rajesh Gupta v. Union of India and Anr (2022). It was held that an FIR or ongoing investigation is not a valid reason to deny passport renewal.
Directive to Passport Authority
The High Court directed the passport authority to process the petitioner’s application, disregarding the pending FIR. It also instructed the respondent to verify whether a charge sheet had been filed in the case.
Case Background
The petitioner, a retired public servant and former Deputy General Manager at J&K Projects Construction Corporation, had an FIR registered against him under IPC Sections 468, 471, and 120-B, along with Section 5(2) of the Prevention of Corruption Act. Since no charge sheet had been presented, his passport renewal application was denied.
Arguing that the denial violated Article 14 of the Constitution, the petitioner sought relief from the court. The court ruled in his favor and directed authorities to reconsider his application within four weeks.
Implications of the Judgment
This ruling sets a precedent that a pending FIR alone cannot be used to deny passport issuance. It reaffirms that criminal proceedings must reach a formal stage before impacting fundamental rights like passport renewal.
