Case Note & Summary
The petitioner, Mayank Girishbhai Shah, filed a Special Civil Application under Articles 14, 21, and 226 of the Constitution read with the Passports Act, 1967, seeking a direction to the Regional Passport Officer to process his passport renewal application. The petitioner was facing trial in NDPS Case No. 10/2022 pending before the 3rd Additional District Judge, Ahmedabad, and had been enlarged on bail by the 2nd Additional District and Sessions Judge, Ahmedabad, vide order dated 09.03.2023 in Criminal Misc. Application No. 733 of 2023. One of the bail conditions required the petitioner to surrender his passport and not leave India without prior court approval. The passport was due to expire on 13.08.2025. The petitioner moved an application before the trial court for renewal, which was partly allowed vide order dated 02.05.2025 in Criminal Misc. Application No. 1336/2025. Pursuant to that order, the petitioner obtained his passport from the Investigating Officer and applied for renewal (Application No. AH1070977272825). The passport authority refused to process the application, stating that a no-objection certificate from the trial court was required. The petitioner argued that the trial court had already permitted renewal and that the authority should process the application without further impediment. The court, after hearing both sides, held that the passport authority must process the renewal application in accordance with law, without insisting on a no-objection certificate, as the trial court had already granted permission. The petition was allowed, and the respondent was directed to process the application within two weeks from the date of receipt of the order. The court also clarified that the petitioner must comply with all bail conditions and not leave India without prior court approval.
Headnote
A) Passports Act, 1967 - Section 6(2)(f) - Passport Renewal - Pending Criminal Trial - The court held that the pendency of a criminal trial does not automatically disentitle an applicant from obtaining a passport renewal; the authority must consider the application on its merits and in accordance with law, especially when the trial court has granted permission for renewal subject to conditions. (Paras 1-4) B) Constitutional Law - Article 21 - Right to Travel - Bail Conditions - The court directed the passport authority to process the renewal application without insisting on a no-objection certificate from the trial court, as the trial court had already permitted renewal and the petitioner had complied with bail conditions. (Paras 3-4) C) Criminal Procedure - Bail Conditions - Passport Surrender - The court noted that the bail condition requiring surrender of passport does not prohibit renewal; the passport was released by the investigating officer pursuant to trial court order, and the authority must process the application. (Paras 3-4)
Issue of Consideration
Whether the Regional Passport Officer can refuse to process a passport renewal application solely on the ground that the applicant is facing a criminal trial, when the trial court has permitted renewal subject to conditions.
Final Decision
The petition is allowed. The respondent authority is directed to process the passport renewal application of the petitioner (Application No. AH1070977272825) in accordance with law, without insisting on a no-objection certificate from the trial court, within two weeks from the date of receipt of the order. The petitioner shall comply with all bail conditions and shall not leave India without prior approval of the trial court.
Law Points
- Passports Act
- 1967
- Section 6(2)(f)
- Passport renewal
- Pending criminal trial
- Bail conditions
- Right to travel
- Article 21
- Article 14
- Article 226
