Relaxation U/S 6(2)(F) Passport Act Applicable Only To Persons Producing Orders From Court Permitting Them To Depart India: Allahabad High Court
The Allahabad High Court allowed a Writ Petition seeking a Writ of Mandamus directing the Regional Passport Officer for issuance of passport as per the notification issued by the Ministry of External Affairs, New Delhi.
Justice Rajan Roy, Justice Om Prakash Shukla, Allahabad High Court, Lucknow Bench
The Allahabad High Court observed that relaxation under Section 6 (2) (f) of the Passport Act, 1967 is applicable only to persons who produce Orders from the Court permitting them to depart India.
The Lucknow Bench observed thus in a Writ Petition seeking a Writ of Mandamus directing the Regional Passport Officer for issuance of passport as per the notification issued by the Ministry of External Affairs, New Delhi.
A Division Bench comprising Justice Rajan Roy and Justice Om Prakash Shukla held, “It goes without saying that as per Official Gazette [GSR 570 (E) dated 25.08.1993], relaxation under Section 6 (2) (f) of the Passport Act, 1967 applies to only those persons who produce orders from the Court concerned permitting them to depart India, otherwise, the rigour of refusing issuance of passport would follow consequently.”
The Bench said that the provision of Section 6 (2) (f) of the Act, 1967 does not impose an absolute bar on the issuance of passports to individuals against whom criminal proceedings are pending, as, in that regard Section 22 of the Act provides power to the Central Government for grant of exemptions from the application of all or any provisions of the Act.
Advocate Arshad Jameel appeared for the Petitioner while Senior Advocate S.B. Pandey and Advocate Varun Pandey appeared for the Respondents.
Facts of the Case
The Petitioner, a Practicing Advocate of the Allahabad High Court, had applied for issuance of fresh passport vide Application wherein certain adverse report was submitted by the concerned police to the Passport Officer relating to pendency of two criminal cases against the Petitioner. The said cases were registered under Sections 147, 504, 506, 507, 354, and 354D of the Indian Penal Code, 1860 (IPC) and Sections 323, 504, and 506 of the IPC.
The Petitioner’s contention was that he filed an Application before the Additional Chief Judicial Magistrate (ACJM) which was disposed of on the grounds that there is no need to take permission from the Trial Court for obtaining passport. The petitioner had approached the Opposite Party-Regional Passport Officer whereupon he was advised that verification would be done of the said Orders by the concerned police and the Regional Passport Officer would act accordingly. Since no passport was issued to him, the Petitioner was aggrieved and hence, approached the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, noted, “In the given circumstances, although Section 6 (2) (f) of the Passport Act, 1967 clearly provides that if the proceedings in respect of an alleged offence committed by the petitioner are pending before the criminal Court in India, then, it shall constitute a ground for refusal of issuance of Passport, however, by virtue of the beneficial statutory notification of GSR 570 (E) (dated 25th August, 1993) read along with the Office Memorandum dated 10.10.2019, the petitioner on submission of ‘No Objection Certificate’ from the Court where the proceedings are pending, shall be exempted from the operation of Section 6 (2) (f) of the Passport Act, 1967 and he/she would be entitled to go abroad and for this NOC issuance/renewal of the passport is implicit.”
The Court, therefore, directed that the Application of the Petitioner shall stand revived and will be considered afresh in the light of what has been discussed and a decision shall be taken within a period of three weeks.
The Court also clarified that if the NOC/Permission for going abroad is granted by the Courts, then, the Petitioner shall submit the same before the Regional Passport Officer concerned, who shall then process his Application for issuance of passport as per law and take a decision within a period of three weeks of submission of such NOC/Permission.
Accordingly, the High Court allowed the Writ Petition.
Cause Title- Mohd. Talha v. UOI Thru. Its Secy. Ministry Of External Affairs New Delhi And 2 Others (Neutral Citation: 2025:AHC-LKO:24961-DB)
Appearance:
Petitioner: Advocates Arshad Jameel, Mohd. Amir Shazad, and Mohd. Salman.
Respondents: Senior Advocate S.B. Pandey and Advocate Varun Pandey.
