PASSPORT – Pending criminal proceedings – Refusal of passport – Legality
Paras 1, 2
Passport authorities refused/withheld issuance of passport due to pendency of criminal proceedings – Issue covered by earlier common order – Held, pendency of criminal case alone is not a ground to deny passport.
PASSPORT ACT, 1967 – Section 10 – Scope – Consideration of application
Para 1 (extracted order)
Authorities directed to consider applications for issuance/re-issuance/renewal of passport under Section 10 of the Passports Act and Rule 12 of Passport Rules – Without reference to pending criminal proceedings – Held, decision to be taken in accordance with law.
CONSTITUTION OF INDIA – Articles 14, 19, 21 – Right to travel
Para 1 (relief), Para 1 (extracted order)
Denial of passport affects fundamental right to travel abroad – Subject to reasonable restrictions – Held, right can be balanced with conditions imposed by Court.
CRIMINAL PROCEEDINGS – Conditions for grant of passport
Para 1 (extracted order conditions i–vii)
Passport to be issued subject to conditions:
(i) undertaking not to leave country without court permission;
(ii) cooperation with trial;
(iii) submission of certified undertaking;
(iv) consideration by Passport Authority within stipulated time;
(v) deposit of passport before trial Court;
(vi) permission required for foreign travel – Held, safeguards ensure balance between individual rights and criminal process.
PRECEDENT – Binding effect of earlier common order
Paras 1, 2
Matter squarely covered by earlier common order in batch of writ petitions – Present writ petition disposed following same – Held, consistency in judicial approach maintained.
WRIT JURISDICTION – Article 226 – Direction to authorities
Paras 1, 2
High Court can direct statutory authorities to consider applications in accordance with law – Writ allowed on terms laid down in earlier judgment – Held, appropriate exercise of jurisdiction
