Supreme Court : Passport Renewal Cannot Be Denied Solely Due to Pending Criminal Cases When Courts Permit Renewal with Travel Restrictions.

Legal Provisions Involved: Section 6(2)(f) and Section 22 of the Passports Act, 1967, Article 21 of the Constitution of India.

Judgement By: Supreme Court of India

Bench: Justice Vikram Nath and Justice Augustine George Masih.

Facts

The appellant’s passport was valid from 2013 to 2023. During this time, he became an accused in an NIA case and was also convicted in a CBI case, though his sentence was suspended. Both the NIA Court and the Delhi High Court allowed renewal of his passport but clearly restricted him from travelling abroad without prior court permission. Even after submitting these court orders, the passport authority refused to renew the passport. The Calcutta High Court supported this refusal, after which the appellant approached the Supreme Court.

Key Legal Provisions

Section 6(2)(f) and Section 22 of the Passports Act, 1967

Article 21 of the Constitution of India.

Issues Raised

Can a passport be renewed when criminal cases are pending but courts have allowed renewal under strict conditions?

Arguments of the Case

The appellant argued that his right to personal liberty was affected. The passport authority claimed it could refuse renewal because cases were pending.

Judgement

The Supreme Court ruled that passport renewal cannot be denied only because a criminal case is pending. If courts permit renewal and control foreign travel, the passport authority must renew the passport.

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