Passport renewed for one uear due to criminal case
AK New Delhi
(Querist) 17 April 2015
This query is : Resolved
I have two false criminal cases/FIRs against me filed by my brothers and sisters to arm twist me to settle. Charge sheets have been filed against me.
Since last three times my passport was issued for only year validity. On approaching the Passport officer, he cited the Passport Act, 1967 and said that the people who have criminal cases get passports for validity of one year only.
I read the Passport act 1967, nowhere it mentions this.
I am an exporter and need to travel abroad at short notices and due to this one year validity, my business often suffers.
What should I do to get full validity period passport? should I file a writ in High Court against the necessary department? Will it help?
Kappil Cchandna
(Expert) 18 April 2015
Sir,
They are wrong because the laws says convict not accused .... Let me see the Act and talk to you ....
Warm Regards
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 18 April 2015
In such case you should plan your visits well in advance.
Normally a short validity passport valid for one year is issued, subject to conditions if any, mentioned in the Court order as per GSR 570 (E) dated 25 August, 1993.
Madras HC has held (news paper report)
The judge pointed out that the Centre had issued a notification on August 25, 1993 permitting issuance of passports to those facing criminal charges provided they produced court order permitting them to travel abroad. Such a notification was issued by invoking the powers conferred on the Centre under Section 22 (a) of the Passport Act.
http://www.thehindu.com/news/national/tamil-nadu/passports-can-be-issued-to-accused-in-criminal-cases/article501680.ece
AK New Delhi
(Querist) 18 April 2015
By the way, I obtained NOC from the concerned court for issuing the passport and submitted to the passport officer. Also, in my bail orders, no conditions have been applied on me in respect to my travel abroad.
Guest
(Expert) 18 April 2015
Passport, in normal case, is issued for 10 years merely in consideration of the convenience of the applicant and to avoid overload of work on the passport office. In the case of criminal trials, the passport office is not obliged to extend such facilities of a normal case unless directed otherwise by the court of law that too if conviction is not warranted.
So, better request the court to give permission for some long period justifying your case of export inport business.
ajay sethi
(Expert) 18 April 2015
Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.
notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the Laid citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".
AK New Delhi
(Querist) 18 April 2015
So do you think I should file a writ against the passport authorities? Do you think I will get some relief from the High court?
P. Venu 
(Expert) 18 April 2015
First of all, you may approach the trial court. If not successful, you can think of the High Court.
AK New Delhi
(Querist) 18 April 2015
In the trial court I filed an application to grant me NOC for issue of Passport for normal period of 10 years, but the trial court refused to pass this order saying that it would pass the orders subject to Rules of the Passport Act. That order was passed in October,14
Guest
(Expert) 18 April 2015
So, nothing wrong was stated by the court. Court cannot be expected to issue any order in disregard of the rules of issue of passports.
AK New Delhi
(Querist) 18 April 2015
Shall I file a writ in the Delhi High court? Can I get some relief there?
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
@Author: Please read the rules in this regard which has been reproduced by our expert Mr Ajay Sethi properly. It clearly states that during pendency of criminal case, the passport can be be issue with one year validity only.
What do you want to file a writ for once the rule/law is very clear in this regard. This law was not framed for you alone, it is applicable to all the citizens of the country, you are not above law.
