Conviction Over 5 Years Ago Does Not Bar Issuance Of Passport: Kerala High Court
The relevant provision states that the passport authority must refuse to issue a passport to someone who has been convicted of an offense involving moral turpitude and sentenced to at least two years in prison, if the conviction occurred within five years of the application.
The Kerala High Court has ruled that a convicted individual could be issued a passport if the conviction occurred more than five years before the passport application was filed.
The petitioner approached the court seeking a directive to the Regional Passport Office to process his passport application, which was submitted on December 7, 2024. The delay in issuing his passport stemmed from his conviction on December 31, 2015, under the Prevention of Corruption Act, 1988, and the Indian Penal Code. Although he had been sentenced to three years in prison and fined ₹50,000, the sentence was suspended by the High Court in January 2016.
The relevant provision was Section 6(2)(e), which states that the passport authority must refuse to issue a passport to someone who has been convicted of an offence involving moral turpitude and sentenced to at least two years in prison, if the conviction occurred within five years of the application.
A Bench of Justice Gopinath P held, "In the facts of the present case, the conviction was on 31.12.2015. The application for passport was filed on 07.12.2024. In the light of the above, I am of the view that the petitioner is entitled to succeed, as he has not been convicted during the period of 5 years preceding the date of the application."
The Court explained, "Thus, it has been held that Section 6(2)(e) of the 1967 Act would be applicable to a case where the applicant has been convicted within five years preceding the date of application. The conviction should be for an offence involving moral turpitude and the sentence awarded must be not less than two years. The conditions are cumulative and not in the alternative,"
Additionally, the Court referred to a 1993 government notification (GSR 570 (E)) that outlined conditions for issuing or renewing passports for individuals facing criminal charges. However, the Court clarified that the notification was only applicable to individuals with ongoing criminal cases, as per Section 6(2)(f) of the Passports Act. Since the petitioner’s case involved a completed conviction, the notification did not apply to him.
Based on these considerations, the Court allowed the petition and instructed the Regional Passport Officer to process his passport application.
Cause Title: Abdul Azeez KP v Regional Passport Officer & Anr., [2025:KER:6206]
Appearance:
Petitioner: Advocates Manas P Hameed, Ipsita Ojal, Rebin Vincent Gralan, and Amaljith
Respondents: Senior Panel Advocate TC Krishna
