The Allahabad High Court has ruled that no prior permission from a competent court is required for the issuance of a passport under the Indian Passport Act, even if criminal cases are pending against the applicant. This significant judgment was delivered by a division bench comprising Justice Alok Mathur and Justice Arun Kumar Singh Deshwal in the case of Umapati vs. Union of India (WRIT – C No. – 5587 of 2024).
Background:
The petitioner, Umapati, had applied for a passport on January 20, 2022, under Section 5 of the Indian Passport Act. Upon receiving the application, a report was sought from the Superintendent of Police, Sultanpur. It was revealed that two criminal cases were pending against the petitioner: Criminal Case Crime No. 164 of 2018 and Criminal Case Crime No. 585 of 2021, both registered at P.S. Kadipur, District Sultanpur.
The passport authority had not taken any decision on the application, prompting Umapati to file a writ petition seeking a direction for the authority to decide on his passport application.
Legal Issues and Court’s Decision:
1. Obligation of Passport Authority:
The court emphasized that the passport authority is mandated to make a decision on passport applications as per Section 5 of the Indian Passport Act. The bench stated, “The scheme of the Act clearly demonstrate that the application for issuance of passport has to be considered and decided by the passport authority as per Section 5(2) of the Act of 1967”.
2. No Requirement for Court Permission:
Rejecting the argument put forth by the Deputy Solicitor General of India, the court clarified that there is no provision in the Indian Passport Act requiring prior permission from a court where criminal cases are pending. The bench observed, “This Court is of the considered view that no prior permission from the competent court is required where the criminal cases are pending for issue of passport under the Indian Passport Act and no such provision has been envisaged in the said Act”.
3. Interpretation of Circular:
The court also addressed a circular dated October 10, 2019, cited by the Deputy Solicitor General. It noted that even this circular does not stipulate the need for court permission before granting a passport.
4. Decision-Making Process:
The judgment emphasized that the passport authority must make a decision based on the statutory provisions of the Indian Passport Act. If the authority deems it a fit case for granting a passport, they may issue it. Alternatively, if grounds for refusal exist under Section 6 of the Act, an appropriate order should be passed.
Court’s Direction:
The High Court directed the passport authority (respondent No. 4) 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 them.
This ruling clarifies the legal position on passport issuance for individuals with pending criminal cases, emphasizing the statutory process and the autonomy of the passport authority in decision-making. It also highlights the importance of timely decisions on passport applications, ensuring that mere pendency of criminal cases does not automatically hinder the issuance process.
