Topic
Passport issuance in India is governed by the Passports Act, 1967, and rules framed under it, with courts increasingly upholding Article 21 rights even when criminal cases are pending.
A mother, as a single parent, may obtain her child's passport without the father's consent under Passport Rules 1980 §§4(A)(3)(a),4(3), as held by Gujarat HC. It directed the Regional Passport Authority to issue the passport within eight weeks.
Allahabad HC rules that mere pendency of criminal proceedings, even at the investigation stage, cannot justify passport rejection. The Regional Passport Office must grant applicants an 8-week window to obtain court permission, failing which the passport must be issued expeditiously. This directive reinforces procedural fairness in administrative decisions affecting fundamental rights.
Madurai HC rules that passport authorities cannot withhold issuance or renewal solely based on pending police verification unless criminal proceedings are actively pending before a court. The judgment reinforces statutory limits under Section 6 of the Passports Act, 1967, protecting applicants' right to mobility where no judicial proceedings exist.
The Andhra Pradesh High Court ruled that passport authorities cannot withhold passport issuance solely due to pending criminal cases without a specific court order. Applicants may obtain passports by submitting a court-certified undertaking to not travel abroad without permission, upholding the right to travel under Article 21.
Delhi High Court rules that a minor's passport can be reissued without the father's name where the mother has sole custody and guardianship under a court-approved agreement, and the father has abandoned parental rights. The judgment reinforces that administrative authorities must respect judicial custody orders under Article 21 of the Constitution.
Bombay HC rules that bail conditions permitting travel take precedence over GSR 1993 restrictions, allowing a convicted accused to apply for a passport during appeal pendency, provided it is deposited with the Investigating Officer. The judgment clarifies that statutory travel bans do not automatically bar passport applications if bail terms permit.
Telangana High Court rules that pending criminal cases do not automatically disqualify passport issuance, mandating trial court NOC procedure under Passports Act, 1967.
Telangana High Court holds that passport denial solely due to pending criminal proceedings is illegal unless applicant obtains a No Objection Certificate from the trial court.