In a reassuring and practical judgment, the Rajasthan High Court has clarified something many people worry about a pending criminal case does not automatically mean your passport renewal will be denied.
The petitioner’s passport renewal was refused solely because a criminal case was pending against him. The authorities relied on Section 6(2)(f) of the Passports Act.
🔎 What the Court Clarified
The Court held that pendency of criminal proceedings is not an automatic bar. Authorities cannot reject an application mechanically just because a case exists.
They must examine:
- Is there any specific order from the criminal court restricting travel?
- Is there any real apprehension that the accused will abscond?
- Is there a legal prohibition in force?
If the answer is no, refusal becomes arbitrary.
✈️ Passport vs. Travel Permission
One of the most important clarifications in the judgment was this:
Having a passport is not the same as getting permission to travel abroad.
Renewal only gives you a valid document of identity.
If you wish to travel while a criminal case is pending, you still need permission from the trial court.
So, renewing a passport does not take away the court’s control over the accused.
⚖️ Proportionality and Fairness
The Court emphasised that administrative decisions must be reasonable and proportionate.
Denying renewal without any restraint order or specific justification does not serve the purpose of ensuring the accused remains within the jurisdiction of the court.
The authorities cannot simply adopt a “case pending = reject” approach.
🕒 Full 10-Year Renewal Directed
Importantly, the Court rejected the practice of issuing short-term or limited validity passports in such cases. It directed issuance for the full 10-year validity period.
If the statute provides a full-term passport, it cannot be arbitrarily reduced.
🚫 No Extra Conditions
The Court also observed that insisting on a prior “No Objection Certificate” from the criminal court when no such direction exists amounts to adding a condition not found in the statute.
Authorities must act within the law, not beyond it.
📌 Why This Matter
Criminal trials often take years. If passport renewal were denied for the entire duration of the case without specific judicial restriction, it would unfairly affect livelihood, employment, education, and personal freedom.
This judgment reinforces a simple but powerful principle:
Administrative discretion must be exercised fairly not mechanically
For individuals facing similar issues, this decision provides clarity and hope that the law protects liberty, even during pending proceedings.
#RajasthanHighCourt #PassportLaw #Article21 #CriminalLaw #WritJurisdiction
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