Introduction: Passport Can Be Issued Despite Pending Criminal Case
The Jammu and Kashmir High Court ruled that pending criminal case alone cannot block passport issuance or renewal. If the concerned criminal court grants a no-objection certificate (NOC), the passport office can issue or renew the document.
Case Background
The petitioner applied for passport renewal on October 29, 2024. He already held an Indian passport. However, the passport office rejected his application based on an adverse police verification report. The report cited his involvement in FIR No. 5/2021. He faced charges under Sections 5(1)(d) and 5(2) of the J&K Prevention of Corruption Act and Section 120-B of the Ranbir Penal Code. The case is pending before the Additional Sessions Judge (Anti-Corruption Cases), Jammu. This led the petitioner to challenge the rejection order.
Petitioner’s Stance
The petitioner argued the rejection was illegal and arbitrary. He claimed it violated the Passports Act, 1967. He also said the decision breached principles of natural justice. Authorities did not provide him with a hearing before rejection. He emphasized that the right to travel is a fundamental right and can’t be denied without legal justification.
Court’s Ruling
Justice Sanjay Dhar observed that the mere pendency of a criminal case cannot create an absolute bar on passport issuance. The court cited a notification by the Government of India. It states that the central government may exempt individuals from restrictions under Section 6(2)(f) of the Passport Act if the concerned court permits foreign travel. The court made it clear that the passport office must act if the trial court issues an NOC.
Final Verdict
The court allowed the petitioner to approach the trial court and seek a no-objection certificate. If granted, the passport office can renew or issue his passport. The court emphasized that no citizen’s passport can be denied without following due legal process.
Conclusion
This ruling clarifies that criminal proceedings do not automatically block passport renewals. The decision empowers accused individuals to seek legal relief from trial courts, ensuring due process and fundamental rights are upheld.
