Last Updated on July 18, 2024 by News Desk
In a significant ruling, the Allahabad High Court declared that individuals with pending criminal cases do not need prior court permission for passport issuance. The Bench, comprising Justices Alok Mathur and Arun Kumar Singh Deshwal, emphasized that the competent authority must make decisions on passport applications under Section 5 of the Passports Act.
The Court clarified that the passport authority has the discretion to either issue or refuse a passport based on the criteria outlined in Section 6 of the Passports Act. The Bench firmly stated, “No provision requires a person facing criminal cases to seek prior permission from a court for issuance of a passport.”
This ruling arose from the petition of Umapati, whose passport application was stalled due to two pending criminal cases. The passport authority had declined to make a decision, prompting Umapati to seek judicial intervention. Deputy Solicitor General SB Pandey contended that the passport authority had no obligation to decide and that Umapati should seek permission from the courts handling his criminal cases.
However, the High Court disagreed, ruling that individuals need to approach the competent court only if they plan to travel abroad. The Court noted, “Once an application is made for grant of a passport, the authority has to take a decision in terms of statutory provisions under the Indian Passport Act.”
The Court directed the passport authority to process Umapati’s application per the law, highlighting that the refusal to decide was unjustified. Advocate Deepak Kumar represented the petitioner in this case.
This judgment clarifies that the Passports Act does not mandate prior court permission for passport issuance to individuals with pending criminal cases, unless international travel is planned. The ruling underscores the responsibility of passport authorities to make decisions based on statutory provisions, ensuring fair treatment of applicants regardless of their legal circumstances.
Written by — Athi Venkatesh AVD
