Allahabad: The Allahabad High Court has delivered a significant order directing the passport authority to consider and decide on a passport application within a specified timeframe, clarifying that no prior court permission is required for issuing passports to individuals with pending criminal cases.
A Division Bench comprising Justices Alok Mathur and Arun Kumar Singh Deshwal allowed a writ petition filed by one Umapati, seeking direction to the passport authority to decide on his passport application.
The court noted that the petitioner had applied for a passport on January 20, 2022, but no decision had been taken by the passport authority due to two pending criminal cases against him.
Rejecting the argument of the Deputy Solicitor General that the petitioner should obtain permission from the court where the criminal cases are pending, the court held, “This Court is of the considered view that no prior permission from the competent court is required where the criminal cases are pending for the issuance of a passport under the Indian Passport Act, and no such provision has been envisaged in the said Act.”
The court further observed that the passport authority is mandated to make a decision as per Sections 5 and 6 of the Indian Passport Act. It stated, “If he is of the opinion that it is a fit case for the grant of a passport, he may pass an appropriate order for the issuance of the passport, and in case he feels that conditions exist for refusal of the grant of the passport, he may pass an appropriate order considering the grounds of Section 6 of the Indian Passport Act.”
Expressing its view on the statutory obligations of the passport authority, the court stated, “Once an application is made for the grant of a passport, then the authority has to make a decision in terms of the statutory provisions under the Indian Passport Act, and accordingly a case for interference is made out.”
The court directed the passport authority to consider and decide on the petitioner’s application dated January 20, 2022, in accordance with the law within four weeks from the date a certified copy of the order is produced before him.
In conclusion, while clarifying that no prior court permission is required for passport issuance in cases of pending criminal matters, the court directed the passport authority to expeditiously decide on the petitioner’s application as per the provisions of the Indian Passport Act.
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