Lawstreet Journal

Renewal Of Passport Cannot Be Refused Merely On Grounds Of Pendency Of Criminal Appeal: Supreme Court

Lawstreet Journal 5 Oct 2021 8:15pm

Image courtesy: Lawstreet Journal Judiciary Renewal Of Passport Cannot Be Refused Merely On Grounds Of Pendency Of Criminal Appeal: Supreme Court

The Supreme Court observed that renewal of passport cannot be refused merely on the ground of pendency of criminal appeal.

The applicant was convicted for offences punishable under sections 120-B,420, 468, 471, 477 A of the Indian Penal Code read with Section 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988. He filed an appeal in the High Court which was dismissed but his sentence was reduced to a period of one year. The appeal against the High Court judgement is still pending before the Supreme Court.

The applicant filed an appeal for renewal of passport but was orally informed that it was not being done due to pendency of criminal appeal before the Apex Court. Therefore, he filed an interlocutory application approaching the Supreme Court to give directions to the CBI to give no objection for renewal of his passport which expired on 12.11.2017. the CBI opposed the plea stating that renewal of passport can be done only after he obtained permission from the concerned trial court. They referred to the clause (e) and (f) of Section 6.2 of the Passport Act, 1967 to contend that the passport authority has the power to refuse issuance of the passport in view of the pendency of the criminal appeal filed by him.

The clauses states that:

e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any… Continue Reading...

Tagged: Passports Act 1967   Regional Passport Officer  
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