Passport application - Pending criminal case for rash and negligent driving - Court directed the passport in 4 weeks

Gujarat High Court Directs Expedited Processing of Passport for Indian Citizen Facing Criminal Case Court mandates passport authorities to address application within four weeks, considering petitioner's livelihood at stake in Kuwait.

In a significant decision, the Gujarat High Court has directed the passport authorities to expedite the processing of a passport application for Mohasin Sabbir Ahmed Surati, an Indian citizen residing in Kuwait, whose application had faced objections due to a pending criminal case in India. The case pertains to allegations of rash and negligent driving under Section 281 of the Bharatiya Nyaya Sanhita, 2023.

The petitioner, Mohasin Sabbir Ahmed Surati, had approached the court following an objection raised by the passport authorities, which had put his application on hold owing to an FIR filed against him. The FIR, registered at the Lunawada Town Police Station, alleged that Surati endangered pedestrian lives through rash driving. This development posed a significant threat to Surati’s livelihood, as he faced potential deportation and blacklisting from Kuwait without a valid passport.

During the proceedings, Surati's legal representative highlighted that a written explanation had already been submitted to the Indian Embassy in Kuwait on September 7, 2025. He assured the court of Surati’s commitment to cooperate with the trial court for an expedited resolution of the criminal proceedings. The petitioner underscored the critical need for a renewed passport to avoid dire professional and personal repercussions abroad.

The counsel for the respondents, Mr. Pradeep Bhate, acknowledged the legitimacy of the objections raised by the passport authorities due to the ongoing criminal case. However, he agreed with the need for a judicial direction to resolve the matter efficiently.

After examining the case details, Justice Aniruddha P. Mayee directed the passport authorities to process Surati’s application within four weeks. The court took into account the written explanation provided to the Indian Embassy and the potential severe consequences Surati might face in Kuwait if his passport renewal was delayed.

In closing, the court emphasized the necessity for the authorities to handle the application based on its merits and in compliance with legal norms, given the unique circumstances of the case. The decision underscores the judiciary’s role in balancing legal obligations with the practical challenges faced by Indian citizens abroad.

Bottom Line:

Passport application - Objection raised due to pending criminal case for rash and negligent driving - Court directed the passport authorities to process the application within a stipulated time considering the petitioner's livelihood in a foreign country and written explanation provided to the authorities.

Statutory provision(s): Section 281 of Bharatiya Nyaya Sanhita, 2023

Mohasin Sabbir Ahmed Surati v. Union of India, (Gujarat) : Law Finder Doc Id # 2812796