Case Note & Summary
The petitioner, Kajal Naresh Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging a show cause notice dated 27-09-2022 issued by the Regional Passport Officer, Bangalore (respondent No.1). The notice called upon the petitioner to show cause why her passport renewal application should not be rejected, citing the pendency of a criminal case against her. The petitioner sought quashing of the notice and a direction to the respondents to renew her passport bearing No. V2615889. The petitioner had applied for renewal of her passport, which was valid until a certain date. The Regional Passport Officer issued the show cause notice on the ground that a criminal case was pending against the petitioner. The petitioner contended that mere pendency of a criminal case, without any conviction or specific finding under Section 6(2) of the Passports Act, 1967, cannot be a valid ground to deny renewal. The respondents argued that the passport authority has the power to refuse renewal if it is satisfied that the applicant is involved in activities prejudicial to national security or public order. The Court analyzed the provisions of the Passports Act, 1967, particularly Section 6(2), which enumerates the grounds for refusal of passport or travel document. The Court held that the grounds are exhaustive and must be strictly construed. The Court observed that the show cause notice did not specify any ground under Section 6(2) but merely referred to the pendency of a criminal case. The Court emphasized that the right to travel abroad is a fundamental right under Article 21 of the Constitution, and the passport authority cannot refuse renewal without a specific finding that the applicant's travel would be prejudicial to the interests of India or public order. The Court quashed the show cause notice and directed the respondents to renew the petitioner's passport within two weeks from the date of receipt of the order. The Court also clarified that the renewal is subject to the outcome of the criminal case, and the petitioner shall inform the court about the passport details if required.
Headnote
A) Passport Law - Renewal of Passport - Show Cause Notice - Section 6(2) of the Passports Act, 1967 - The petitioner sought renewal of her passport, which was denied by the Regional Passport Officer by issuing a show cause notice citing pendency of a criminal case. The Court held that mere pendency of a criminal case, without conviction or specific finding that the applicant is likely to engage in activities prejudicial to national security or public order, is not a valid ground to refuse renewal. The show cause notice was quashed, and the respondents were directed to renew the passport within two weeks. (Paras 1-10) B) Constitutional Law - Right to Travel - Article 21 of the Constitution of India - The right to travel abroad is a fundamental right under Article 21, and the right to passport is a necessary concomitant. The Passports Act, 1967, must be interpreted in light of this fundamental right. The Court emphasized that the grounds for refusal under Section 6(2) are exhaustive and must be strictly construed. (Paras 5-8) C) Criminal Procedure - Pending Criminal Case - Effect on Passport Renewal - The Court noted that the petitioner was only an accused in a pending criminal case and had not been convicted. The Passports Act does not empower the passport authority to refuse renewal merely because a criminal case is pending. The authority must apply its mind and record a finding that the applicant's travel would be prejudicial to the interests of India or public order. (Paras 6-9)
Issue of Consideration
Whether the Regional Passport Officer can refuse to renew a passport solely on the ground of pendency of a criminal case against the applicant, without any conviction or specific adverse finding under Section 6(2) of the Passports Act, 1967.
Final Decision
The writ petition is allowed. The show cause notice dated 27-09-2022 issued by the Regional Passport Officer is quashed. The respondents are directed to renew/re-issue the passport of the petitioner within two weeks from the date of receipt of the order. The renewal is subject to the outcome of the criminal case, and the petitioner shall inform the court about the passport details if required.
Law Points
- Right to passport is a fundamental right under Article 21
- Passport renewal cannot be denied solely on pendency of criminal case
- Show cause notice must specify grounds under Passports Act
- 1967
- Section 6(2) grounds are exhaustive
- Impounding or refusal must be based on specific findings
