The Andhra Pradesh High Court has delivered a significant ruling, stating that a passport application cannot be denied or delayed merely because a criminal case is pending against the applicant, particularly when no court has yet commenced hearing the matter.
Background of the Case
Justice Subba Reddy Satti passed the order while addressing a petition where a passport application was put on hold due to an adverse police verification report. The Regional Passport Officer in Visakhapatnam issued a notice on May 15, 2026, citing the petitioner's alleged involvement in a criminal case registered at Patamata Police Station. Consequently, the application for a 10-year passport was stalled.
Petitioner's Arguments
The petitioner approached the high court, contending that the passport authority's decision was illegal, arbitrary, and violated fundamental rights under Articles 14 and 21 of the Constitution. The petitioner sought a direction to process the passport application without considering the pending criminal case. The counsel argued that a passport cannot be refused solely based on a pending case.
Court's Observations
The government's lawyer informed the court that although a criminal case had been registered, the police had not yet filed their final report before the concerned court. Justice Satti noted that there was no dispute about the pendency of the case but emphasized that the court had not taken cognizance of the matter.
The judge relied on a 2024 division bench ruling, which held that criminal proceedings are considered pending before a court only after the court takes cognizance and initiates proceedings. Since Section 6(2)(f) of the Passports Act, 1967 permits refusal of a passport only when criminal proceedings are pending before a court, this provision did not apply in the present case.
Justice Satti further referred to the principle that every accused person is presumed innocent until proven guilty. He observed that a pending criminal case alone is insufficient grounds to deny a passport.
Final Order
The high court disposed of the petition at the admission stage and directed the Regional Passport Officer to process the passport application in accordance with the Passports Act and Rule 12 of the Passport Rules, 1980. The officer was instructed to do so without considering the pending crime number and as expeditiously as possible.
