The sessions court in Mumbai has overturned a magistrate's order that limited the passport renewal period for a couple facing criminal charges to five years. The court directed that their passports be renewed for the standard 10-year duration, in accordance with the Passport Rules, 1980, and guidelines set by the Bombay High Court.
Background of the Case
The order, issued earlier this month, pertained to a petition filed by Sandra Danny Gomes and her husband against the state. The couple was booked by the Rafi Ahmed Kidwai Marg police station in a case of assault. They had challenged a July 18, 2025 order by the Judicial Magistrate First Class, 13th Court, Dadar, which allowed their passports to be renewed for only five years instead of the usual ten.
Arguments Presented
Advocate Mohan Tekavde, representing the applicants along with advocates Mrudula Kadam and Chinmay Bhagat, argued that the magistrate's order contradicted the Passport Rules and judicial guidelines issued by the Bombay High Court regarding passport renewals for accused persons in criminal proceedings. The state was represented by Additional Public Prosecutor Manisha Parmar.
Court's Decision
Allowing both revision petitions, the sessions court relied on the Bombay High Court's ruling in Narendra K Ambwani vs Union of India and Another (2014). That judgment held that passport renewals must be strictly governed by the Passport Rules, 1980. The court observed that passports for individuals above 15 years of age are ordinarily renewed for 10 years unless specific reasons exist to restrict the validity period. The sessions court noted that the magistrate's order did not cite any notification or legal basis for limiting the renewal to five years.
Outcome
Quashing the earlier order, the sessions court directed the passport authority to renew the passports of both applicants for the full 10-year term.
