Passport : Petitioner entitled to normal renewal of passport for 10 years despite pending criminal case

Gujarat High Court Directs Renewal of Passport for 10 Years Despite Pending Criminal Case Court affirms entitlement under GSR Notification, mandates trial court permission for international travel.

In a significant ruling, the Gujarat High Court has ordered the Regional Passport Office to renew the passport of petitioner Rameshchandra Manilal Kanabar for a period of 10 years, despite ongoing criminal proceedings against him. This decision was made in accordance with the GSR Notification 570(E) dated 25th August 1993, which provides that individuals with pending criminal cases may be granted passport renewals, subject to obtaining travel permission from the trial court.

Mr. Kanabar, whose passport is set to expire on May 14, 2026, had been renewing his passport annually due to a pending case under the Prevention of Corruption Act. The petitioner has been traveling to Australia to visit his daughter and son-in-law, and he has adhered to court requirements by surrendering his passport post-travel.

Presiding Judge Aniruddha P. Mayee emphasized that the passport authorities lack the jurisdiction to decide on travel rights for individuals facing criminal charges. Instead, such decisions rest solely with the trial court, which may impose conditions on foreign travel. The court referenced a precedent from the Bombay High Court in Narendra K. Ambwani v. Union of India, reinforcing that the passport should be issued for the period specified by the court or for ten years if no specific period is mandated.

The ruling clarifies that while the passport will be renewed for ten years, Mr. Kanabar must seek explicit permission from the trial court for any international travel. The judgment underscores the balance between allowing individuals to maintain familial connections abroad while respecting legal proceedings in India.

Bottom Line:

Passport renewal - Petitioner entitled to normal renewal of passport for 10 years despite pending criminal case, provided permission is obtained from Trial Court for travel abroad.

Statutory provision(s): Passports Act, 1967 Section 6(2)(f), GSR Notification 570(E) dated 25.08.1993

Rameshchandra Manilal Kanabar v. Regional Passport Office, (Gujarat) : Law Finder Doc Id # 2805277