Case Note & Summary
The petitioner, Shaikh Shahnavaz Farukbhai, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a direction to the Regional Passport Office to extend the validity of his passport (No. C3165026) for a period of 10 years. The passport had expired on 08.10.2025. The petitioner was facing Criminal Case No. 4788 of 2021 arising from FIR No. 11203023211200 registered at Junagadh City A Division Police Station under Sections 323, 325, 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. The petitioner's counsel argued that under GSR Notification 570(E) dated 25.08.1993, the passport authority was obligated to renew the passport for 10 years. He further submitted that the petitioner required the passport extension to travel to Makka-Madina for pilgrimage. The respondent's counsel, Mr. Pradip D. Bhate, conceded that the passport must be renewed in terms of the said Notification and that there was no restriction on the court to issue directions for a specified validity period. The court, after considering submissions and perusing the record, noted that the pendency of the criminal case was not disputed. The court relied on the Division Bench judgment of the Bombay High Court in Narendra K. Ambwani v. Union of India & Ors. (2014 SCC Online Bom 356) which laid down guidelines for passport renewal when the trial court has directed renewal as per rules. The court directed the respondent authority to renew the petitioner's passport for a period of 10 years in accordance with the GSR Notification 570(E) and the Passport Act, 1967. The court also directed the petitioner to inform the trial court about the renewal and to comply with any conditions imposed by the trial court regarding travel. The petition was allowed with no order as to costs.
Headnote
A) Passport Law - Renewal of Passport - GSR Notification 570(E) dated 25.08.1993 - Pending Criminal Case - Petitioner sought renewal of his passport for 10 years, which had expired on 08.10.2025, to travel to Makka-Madina. The court considered the GSR Notification and the pendency of Criminal Case No. 4788 of 2021. Held that the passport authority must renew the passport in accordance with the rules and notifications, and the court can direct issuance for a specified period as per rules. (Paras 2-8) B) Criminal Procedure - Passport Renewal During Pendency of Trial - Sections 323, 325, 114 IPC and Section 135 GP Act - The petitioner was facing trial under these sections. The court noted that the trial is likely to take a long time and directed renewal of passport for 10 years to facilitate travel. (Paras 3, 7-8)
Issue of Consideration
Whether the passport authority can be directed to renew the petitioner's passport for a period of 10 years despite a pending criminal case against him.
Final Decision
The petition is allowed. The respondent authority is directed to renew the petitioner's passport for a period of 10 years in accordance with GSR Notification 570(E) and the Passport Act, 1967. The petitioner shall inform the trial court about the renewal and comply with any conditions imposed by the trial court regarding travel. Rule made absolute. No order as to costs.
Law Points
- Passport renewal
- GSR Notification 570(E)
- pending criminal case
- right to travel
- Makka-Madina pilgrimage
