Madras High Court Full Bench Clarifies Passport Renewal Rules for Criminal Cases
A full bench of the Madras High Court has delivered a significant ruling, stating that individuals with pending criminal cases must secure prior permission from the concerned court for the reissue or renewal of their passports. The bench emphasized that passport officers must treat such reissue or renewal applications in the same manner as applications for fresh passports, ensuring strict adherence to legal protocols.
Background and Legal Reference
The ruling emerged from a reference made by a single judge, who was hearing a petition filed by Jawahar Rajan. Rajan had challenged the authorities' decision to reject his passport reissue application due to a pending criminal case against him. Conflicting judgments from two division benches of the court prompted the single judge to refer the matter to a larger bench for a definitive decision, without delving into the case's merits.
Composition of the Bench and Legal Analysis
The full bench, comprising Justices G Jayachandran, S Srimathy, and K K Ramakrishnan, examined the issue thoroughly. They observed that the authority to reissue or renew a passport after its expiry is derived from Section 5 of the Passport Act. Importantly, the restrictions outlined in Section 6(2)(f) of the Act apply not only to fresh passport applications but also to reissuance and renewal processes.
The judges noted that, based on the Passports Act, Passports Rules, the Ministry of External Affairs' notification GSR No 570(E) dated August 25, 1993, and the official memorandum dated October 10, 2019, individuals facing criminal proceedings are not automatically disqualified from obtaining a passport. However, specific safeguards are in place to prevent misuse.
Guidelines for Passport Authorities
To prevent individuals suspected of heinous crimes from fleeing the country, the bench outlined clear procedures. If an FIR is registered against an applicant, the investigating officer must provide a clearance report detailing the nature of the case and the investigation stage. Passport authorities are then responsible for making decisions based on this report.
If a passport application is denied, the authority must issue a speaking order, which is subject to judicial review. In cases where criminal proceedings are pending—such as those where the court has taken cognizance, pending trial, or appeal—the guidelines from notification GSR 570(E) and the 2019 official memorandum must be strictly followed.
Application to the Current Case
In the specific case at hand, the petitioner, Jawahar Rajan, had a criminal case pending trial before the Judicial Magistrate Court in Madurai at the time of his passport reissue application. Consequently, the bench ruled that Rajan must obtain prior permission from the concerned court and submit it along with his application. Following this analysis, the petition was disposed of, reinforcing the necessity of court oversight in such matters.
This ruling underscores the balance between individual rights and public safety, ensuring that passport processes are handled with due diligence in criminal contexts.
