Court issues interim mandamus to Regional Passport Officer, Lucknow, directing reconsideration of Mohd. Aftab’s passport application in light of Supreme Court ruling in Mahesh Kumar Agarwal
The Allahabad High Court has held that the mere pendency of criminal cases is not, by itself, a valid ground to deny issue or renewal of a passport. A Division Bench of Justice J.J. Munir and Justice Indrajeet Shukla made the observation while hearing the petition filed by Mohd. Aftab, whose passport was allegedly withheld by the Regional Passport Officer, Lucknow, because two criminal cases were pending against him.
The petitioner told the court that one case, arising out of Case Crime No. 32 of 2024, was a “no injury” case and involved his alleged false implication. He is already on bail in that matter. The second case, Case Crime No. 10 of 2024, had already been challenged before the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and proceedings in that case had been stayed by the court on 18 December 2025 after it prima facie found the dispute to be civil in nature.
The High Court explained the distinction between holding a passport and actually travelling abroad. It noted that a passport does not by itself allow a person to leave India; the holder must still obtain a visa and comply with immigration requirements. The court further observed that if an accused person facing criminal proceedings seeks to travel abroad, the concerned police or prosecuting agency may approach the criminal court for appropriate directions, including surrender of the passport or restrictions on travel. Such matters, the court said, fall within the jurisdiction of the criminal court, which may grant or refuse permission subject to conditions.
In strong terms, the Bench said that passport authorities should not deny a passport merely because a criminal case is pending, unless the applicant has suppressed that fact in the application. Since there was no such suppression in this case, the court said the refusal to renew or reissue the passport appeared to be contrary to the law laid down by the Supreme Court in Mahesh Kumar Agarwal v. Union of India, 2025 SCC OnLine SC 2887.
The court quoted the Supreme Court’s view that a passport is a civil document and that the question whether a person on bail or facing trial may actually leave the country is a matter for the criminal court, not the passport authority. The Supreme Court had also cautioned against treating the pendency of criminal proceedings as an absolute bar to passport renewal.
The Union of India relied on an earlier Division Bench judgment of the Allahabad High Court in Pawan Kumar Rajbhar v. Union of India. However, the court said that even if it were to disagree with that earlier view, no reference to a larger Bench was necessary because the later Supreme Court ruling in Mahesh Kumar Agarwal now governed the issue.
Accordingly, the court admitted the writ petition and granted the respondents two weeks to file a counter affidavit. On the stay application, the court issued an interim mandamus directing the Regional Passport Officer, Lucknow, to consider the petitioner’s application for issue of passport in light of the Supreme Court’s decision in Mahesh Kumar Agarwal, or to show cause why the interim order should not be made absolute. The Registrar (Compliance) was also directed to communicate the order to the Regional Passport Officer through the Chief Judicial Magistrate, Lucknow, within 24 hours.
Bottom Line :
Passport - Pendency of criminal cases by itself is not a ground to deny issue/renewal of passport - Passport is a civil document - Whether an accused facing trial can travel abroad is a matter for the criminal court, which may grant or refuse permission subject to conditions - Interim mandamus issued to Regional Passport Officer to consider petitioner's passport application in light of Supreme Court decision in Mahesh Kumar Agarwal.
Statutory provision(s): Passports Act, 1967 Section 6(2)(f), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Mohd. Aftab v. Union of India, (Allahabad)(DB) : Law Finder Doc id # 2982713
