PASSPORT – Pending criminal proceedings – Refusal of passport – Legality Paras 1, 2 Passport authorities refused/withheld issuance of passport due to pendency of criminal proceedings – Issue covered by earlier common order – Held, pendency of criminal case alone is not a ground to deny passport.

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PASSPORT – Pending criminal proceedings – Refusal of passport – Legality

Paras 1, 2

Passport authorities refused/withheld issuance of passport due to pendency of criminal proceedings – Issue covered by earlier common order – Held, pendency of criminal case alone is not a ground to deny passport.

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PASSPORT ACT, 1967 – Section 10 – Scope – Consideration of application

Para 1 (extracted order)

Authorities directed to consider applications for issuance/re-issuance/renewal of passport under Section 10 of the Passports Act and Rule 12 of Passport Rules – Without reference to pending criminal proceedings – Held, decision to be taken in accordance with law.

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CONSTITUTION OF INDIA – Articles 14, 19, 21 – Right to travel

Para 1 (relief), Para 1 (extracted order)

Denial of passport affects fundamental right to travel abroad – Subject to reasonable restrictions – Held, right can be balanced with conditions imposed by Court.

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CRIMINAL PROCEEDINGS – Conditions for grant of passport

Para 1 (extracted order conditions i–vii)

Passport to be issued subject to conditions:
(i) undertaking not to leave country without court permission;
(ii) cooperation with trial;
(iii) submission of certified undertaking;
(iv) consideration by Passport Authority within stipulated time;
(v) deposit of passport before trial Court;
(vi) permission required for foreign travel – Held, safeguards ensure balance between individual rights and criminal process.

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PRECEDENT – Binding effect of earlier common order

Paras 1, 2

Matter squarely covered by earlier common order in batch of writ petitions – Present writ petition disposed following same – Held, consistency in judicial approach maintained.

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WRIT JURISDICTION – Article 226 – Direction to authorities

Paras 1, 2

High Court can direct statutory authorities to consider applications in accordance with law – Writ allowed on terms laid down in earlier judgment – Held, appropriate exercise of jurisdiction