Srinagar: The High Court of Jammu & Kashmir and Ladakh has allowed Abdul Hamid, a resident seeking renewal of his expired passport, to approach the trial court for a no-objection certificate (NOC) that could enable the issuance of a new passport despite ongoing criminal proceedings against him.
Handing down a six-page verdict, a bench of Justice Sanjay Dhar, on April 7, held that the pendency of the criminal case can form the basis for rejecting the issuance or renewal of passport but if the concerned court before which the proceedings are pending gives it the nod and grants no objection to the accused, the same can be issued or renewed by the passport office.
The bench was hearing a petition (WP(C) No. 3093/2024), filed by Hamid, who had been denied a passport by authorities citing an adverse police verification linked to a pending criminal case. The petitioner's previous passport would have expired on December 2, 2024. He had applied for renewal on October 29, 2024.
According to the case record, Hamid was informed via a communication dated December 12, 2024, by the passport office, that an adverse police report had flagged his involvement in FIR No. 5/2021 filed under the Jammu & Kashmir Prevention of Corruption Act and Section 120-B (Punishment of criminal conspiracy) of the RPC. The case is pending before the Additional Sessions Judge (Anti-Corruption Cases), Jammu.
Challenging the refusal, Hamid argued that the action violated his fundamental right to travel abroad, as guaranteed under Article 21 of the Constitution, referencing the Supreme Court's ruling in Maneka Gandhi vs Union of India (AIR 1978 SC 597). His counsel contended that the denial was arbitrary, unlawful, and contrary to the Passports Act, 1967.
The respondents maintained that as per Section 6(2)(f) of the Passports Act, a passport may be refused if criminal proceedings are pending. However, the court clarified that a central government notification (GSR 570(E), dated August 25, 1993) allows the issuance of passports in such cases — if the applicant obtains an NOC from the court where the case is pending.
"...it is clear that notwithstanding the provisions contained in Section 6(2)(f) of the Passport Act, an applicant can be issued passport/travel document subject to the appropriate orders from the Court, where the proceedings are pending," the bench stated.
Justice Dhar further pointed out that the 1993 notification permits the issuance of travel documents subject to judicial approval, ensuring that constitutional rights are not unduly curtailed. "notification No. GSR 570(E) dated 25.08.1993, issued by the Government of India, Ministry of External Affairs, PSP Division, provides that even in cases where an applicant is facing criminal proceedings before a Criminal Court in India, passport or travel document can be issued to him, subject to certain conditions."
"In the instant case, admittedly the proceedings in respect of a criminal case are pending against the petitioner before the court of Additional Sessions Judge (Anti Corruption Cases) Jammu, therefore, if the said Court grants ‘NOC’ in favour of the petitioner, respondent No. 2 (passport office) would be well within its powers to issue passport/ travel document in favour of the petitioner notwithstanding pendency of a criminal case against the petitioner," the bench said.
The court disposed of the writ petition with liberty to Hamid to apply to the trial court for necessary permissions. The trial court has been directed to consider any such application on its own merits, regardless of the stay on the proceedings currently in place through separate petitions pending before the High Court.
