Topic
The Passports Act, 1967 governs the issuance, renewal, and cancellation of Indian passports, with specific provisions like Section 6 outlining grounds for denial or revocation.
The Rajasthan High Court has ruled that the mere pendency of criminal charges, without conviction or evidence of flight risk, cannot override the fundamental right to travel abroad under Article 21. This sets a critical precedent for citizens facing untried allegations, ensuring passport renewal cannot be weaponized as administrative punishment.
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.
Madras High Court rules that passport denial under Section 6 of the Passports Act requires pending criminal proceedings before a court, not just an FIR. The judgment mandates strict adherence to statutory grounds, impacting passport applicants facing police investigations without formal charges.
The Andhra Pradesh High Court ruled that passport renewal cannot be denied solely based on a pending FIR; Section 6(2)(f) of the Passports Act mandates court cognizance before restricting travel rights under Article 21. This clarifies that administrative authorities cannot arbitrarily block passports during police investigations, ensuring procedural fairness for applicants facing criminal allegations.
Kerala High Court rules that accused individuals pending final report under BNSS are entitled to ten-year passport renewal unless a court order explicitly restricts it. The judgment underscores the right to overseas employment and personal liberty, directing passport authorities to comply unless specific judicial limitations exist.
Telangana High Court rules that mere pendency of criminal proceedings does not automatically disqualify passport issuance under Section 6(2)(f) of the Passports Act. Applicants must obtain a No Objection Certificate from the trial court, with travel permission requiring separate judicial approval. The ruling balances Article 21 rights with statutory compliance, impacting individuals facing criminal cases seeking overseas travel.
High Court of Telangana upholds passport revocation under Passports Act, 1967 where intelligence inputs suggest threat to sovereignty, exempting authorities from natural justice norms.
Kerala High Court holds that adverse police reports alone cannot justify denial of passport renewal; procedural fairness and presumption of innocence must prevail.