Lawstreet Journal

Renewal of Passport Cannot be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [READ ORDER]

Lawstreet Journal 15 Oct 2020 2:46am

Image courtesy: Lawstreet Journal Judiciary Renewal of Passport Cannot be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [READ ORDER]

The Karnataka High Court recently held that while passport authorities can refuse issuance of a fresh passport to a person against whom a criminal case is pending in India, the same rule would not apply for renewal of passport.

While interpreting Section 6(2)(f) of the Passport Act, the Bench of Justice Hemant Chandangoudar held,

"A reading of Section 6(2)(f) of the Passport Act indicates that the passport authority shall refuse to issue a passport or travel document for visiting any foreign country if a criminal proceeding is pending against the applicant in India. However, the said provision does not provide for refusing to issue a passport for a person who intends to travel back to India. Hence, reading of this provision clearly indicates that it is applicable only for issuing a fresh passport and not for renewal of passport."

The petitioner had approached the court seeking directions to the authorities to allow his application dated January 22 for the renewal of his passport. He stated that in 2006, he relocated to the USA and was residing there along with his family on an H1B visa.

On January 1, 2020, he had applied for renewal of his passport through his travel agency before the Indian Consulate in New York. Later on, the petitioner sent an email to the Consulate informing the authorities that his passport was due to expire shortly, and followed it up with several requests.

On July 17, the Regional Passport Office informed him that it had received a letter from the Central Bureau… Continue Reading...

Tagged: Regional Passport Officer   Passports Act 1967  
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