In a significant case heard by the Gujarat High Court, the petitioner’s advocate, Mr. Popat, referred to a Notification dated 10.10.2019 from the Government of India, Ministry of External Affairs, requesting consideration of the petitioner’s passport application. The petitioner, facing six cases under the Negotiable Instruments Act, sought relief in accordance with the circular mentioned. Mr. Popat assured to convey the details of the pending proceedings to the passport authority as per the court’s order.
Arguments
- The petitioner’s advocate, Mr. Popat, referred to a Notification dated 10.10.2019 from the Government of India, Ministry of External Affairs, requesting that the petitioner’s passport application, filed on 20.12.2023, should be considered in line with the circular.
- Mr. Popat acknowledged that there are six cases pending against the petitioner under the Negotiable Instruments Act.
- Mr. Popat assured that he would communicate the information regarding the pending proceedings against the petitioner to the passport authority upon receiving the order.
Decision
- The Central Government issued a notification on 10.10.2019 concerning the issuance of passports to individuals with pending criminal court proceedings in India.
- The notification allows for the issuance of passports to individuals with court permission to depart from India, exempting them from certain provisions of the Passports Act.
- Passports can be issued for a specified period mentioned in the court order or for a default period of one year if no duration is specified.
- Passports can be renewed for one year at a time if the individual has not traveled abroad for the period sanctioned by the court.
- Passports issued based on court orders for specific periods can only be renewed upon the issuance of a fresh court order.
- Individuals must provide a written undertaking to appear before the court if required during the validity of the passport.
- In the present case, the petitioner’s application for passport re-issuance is to be considered in accordance with the aforementioned notification, and the passport should be issued for a period of five years.
- The Court has allowed the petition to the extent of granting the requested relief.
Case Title: ZAKEERHUSEN MOHMEDSHAFI JHANKHWALA Vs. REGIONAL PASSPORT OFFICER
Case Number: R/SCA/6100/2024
