Case Note & Summary
The petitioner, Elliyas Mohammad Gause Momin, filed a writ petition before the Bombay High Court challenging the refusal of the Regional Passport Officer, Pune, to renew his passport. The petitioner's passport had expired on 24th February 2020, and he applied for renewal. The Passport Authority refused renewal on the ground that a criminal case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was pending against him. The petitioner had been granted anticipatory bail in that case, and there was no condition in the bail order restraining him from traveling abroad. The petitioner argued that the refusal was arbitrary and violative of his fundamental right to travel abroad under Article 21 of the Constitution. The respondents, including the Union of India and the State of Maharashtra, defended the refusal on the ground that Section 6(2)(f) of the Passports Act, 1967 empowers the Passport Authority to refuse a passport if a criminal case is pending. The court analyzed Section 6(2)(f) and held that it does not create an automatic bar; the Passport Authority must consider whether the pendency of the case warrants refusal. The court noted that the criminal court had not imposed any restriction on the petitioner's travel, and the Passport Authority had not invoked Section 10(3)(e) to impound the passport. The court held that the right to travel abroad is a fundamental right under Article 21, and any restriction must be imposed by law and must be reasonable. The court allowed the petition, quashed the communication refusing renewal, and directed the Passport Authority to renew the passport within four weeks, subject to the petitioner furnishing an undertaking to appear before the trial court as required.
Headnote
A) Passports Act, 1967 - Section 6(2)(f) - Refusal of Passport - Pending Criminal Case - The Passport Authority refused renewal of passport solely on the ground that a criminal case under the SC/ST Act was pending against the petitioner. The court held that Section 6(2)(f) does not automatically bar renewal merely because a criminal case is pending; there must be a specific order from a criminal court restraining the applicant from leaving India or impounding the passport. In the absence of such an order, the Passport Authority cannot refuse renewal. (Paras 5-8) B) Passports Act, 1967 - Section 10(3)(e) - Impounding of Passport - Pending Criminal Proceedings - The court clarified that the power to impound a passport under Section 10(3)(e) is with the Passport Authority, but it must be exercised in accordance with law and not arbitrarily. However, in this case, the Passport Authority did not invoke Section 10(3)(e) but merely refused renewal under Section 6(2)(f). The court held that the mere pendency of a criminal case does not justify refusal of renewal. (Para 7) C) Constitutional Law - Article 21 - Right to Travel Abroad - The right to travel abroad is a fundamental right under Article 21, and any restriction must be imposed by law and must be reasonable. Refusal to renew a passport without any court order restraining travel amounts to an unreasonable restriction. (Para 8) D) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - The petitioner had obtained anticipatory bail in the criminal case, and there was no condition in the bail order restraining him from traveling abroad. The court noted that the criminal court had not imposed any such restriction. (Para 4)
Issue of Consideration
Whether the Passport Authority can refuse to renew a passport on the ground that a criminal case is pending against the applicant, without any order from the criminal court restraining the applicant from traveling abroad or impounding the passport.
Final Decision
The petition is allowed. The communication dated 11th March 2020 refusing renewal of passport is quashed and set aside. The Regional Passport Officer, Pune is directed to renew the petitioner's passport within four weeks from today, subject to the petitioner filing an undertaking before the Passport Authority that he will appear before the trial court as and when required. The undertaking shall be filed within two weeks from today.
Law Points
- Passports Act
- 1967
- Section 6(2)(f)
- renewal of passport
- pending criminal case
- right to travel
- Article 21
- passport impounding
- passport refusal
