In a significant legal victory, the Gujarat High Court has issued a ruling in the passport renewal case involving the applicant and the concerned authorities. The case, centering on the insistence for a No Objection Certificate from the police or an acquittal order related to a past FIR, has finally been resolved in favor of the applicant. This landmark ruling sets a precedent for passport renewal cases in similar situations, providing clarity and relief for individuals navigating such legal challenges.
Arguments
- The petitioner applied for reissuance/renewal of his passport but the authority is asking for a No Objection Certificate from the police or acquittal order related to an FIR
- The case related to the FIR was disposed of on 18.02.2008
- Efforts to obtain a certified copy of the judgment from the Chief Metropolitan Magistrate Court No.18, Ahmedabad, were unsuccessful as the record could not be traced
- RTI information revealed that the record is still not located
- The police inspector from Naroda Police Station, Ahmedabad, provided a certificate on 25.06.2023 stating that the case is pending in court and all case papers were sent to the trial court
- A complaint was registered on 03.12.2007 at Naroda Police Station leading to Criminal Case No.111 of 2008 from the same FIR
- The respondent authority is insisting on an order of acquittal or a No Objection Certificate from respondent no.4 for the passport reissuance/renewal.
- The application for passport reissuance/renewal is on hold due to the ongoing case.
Analysis
- Passport renewal cannot be refused based on a criminal complaint leading to a criminal case.
- Provisions of Section 6(2)(f) of the Passports Act, 1967 do not apply to passport renewal cases.
- Court directed the Magistrate to trace the records of the criminal case within two weeks.
- Court received a progress report stating the case was disposed as ‘Plead Guilty’.
- The main ground for non-renewal was a criminal complaint filed in 2007, which led to the 2008 criminal case.
Decision
- The rule is made absolute within the specified extent.
- The exercise of considering the Application of the petitioner for passport renewal must be completed within one month from the date of receipt of the court order.
- The petition stands disposed of with the above direction.
- The respondent-authority is directed to consider the petitioner’s application for passport renewal without rejecting it based on the FIR and criminal case against him.
Case Title: GHANSHYAMBHAI SHANKARBHAI PATEL Vs. STATE OF GUJARAT
Case Number: R/SCR.A/9695/2023
