Supreme Court clarifies that Section 6(2)(f) of Passports Act is not an absolute bar - criminal court permissions enable passport renewal with judicial supervision
IF YOU ARE AN ACCUSED IN A CRIMINAL CASE, CAN YOU RENEW YOUR PASSPORT OR TRAVEL ABROAD?
YES, WITH JUDICIAL PERMISSION. The Supreme Court has ruled that Section 6(2)(f) of the Passports Act, which restricts passport issuance to persons facing criminal proceedings, is not an absolute bar. When a criminal court grants permission for passport renewal (even without specific travel dates), and judicial supervision is maintained through conditions, the passport authority must renew the passport. The right to travel abroad is a facet of personal liberty under Article 21 of the Constitution.
Passport Issued: Ordinary passport Z2611895 issued to Mahesh Kumar Agarwal (valid till 28.08.2023)
Criminal Proceedings: Accused in NIA case (RC No. 06/2018/NIA/DLI) for alleged funding of proscribed organization
High Court Order: Jharkhand High Court directs deposit of passport with trial court
Bail Granted: Released on bail with condition not to leave India without permission
NIA Court Permission: Allows passport renewal for 10 years with conditions - prior travel permission required, passport to be redeposited
Delhi High Court Permission: Grants no objection for 10-year passport renewal while maintaining travel restrictions
Calcutta HC Proceedings: Denies relief; treats Section 6(2)(f) as absolute bar without considering GSR 570(E)
Supreme Court Judgment: Upholds passport renewal rights, clarifies distinction between passport possession and actual travel
| Legal Provision | What It Means | Application in Your Case |
|---|---|---|
| Section 6(2)(f) Passports Act | Ground for refusal if criminal proceedings pending | Not absolute bar if court grants permission under GSR 570(E) |
| Section 22 Passports Act | Power to grant exemptions from Act's provisions | Basis for GSR 570(E) notification creating exemption |
| GSR 570(E) dated 25.08.1993 | Exempts persons from Section 6(2)(f) with court permission | Your legal basis for passport renewal despite pending case |
| Article 21 Constitution | Right to personal liberty includes right to travel abroad | Constitutional protection against arbitrary denial |
Government notification dated 25.08.1993 exempting persons facing criminal proceedings from passport restrictions if they obtain court permission.
Criminal court's ongoing control over an accused's activities, including foreign travel, through conditions and requirements for prior permission.
Constitutional right to personal liberty, interpreted by Supreme Court to include right to travel abroad and hold a passport.
Action under Section 10 of Passports Act where authorities seize passport, which can still be done even after renewal if conditions violated.
"Liberty, in our constitutional scheme, is not a gift of the State but its first obligation. The freedom of a citizen to move, to travel, to pursue livelihood and opportunity, subject to law, is an essential part of the guarantee under Article 21 of the Constitution of India... When procedural safeguards are converted into rigid barriers, or temporary disabilities are allowed to harden into indefinite exclusions, the balance between the power of the State and the dignity of the individual is disturbed."
This landmark judgment establishes that the right to travel and hold a passport cannot be arbitrarily denied to persons facing criminal proceedings. The Supreme Court emphasizes that judicial supervision through conditional permissions adequately addresses concerns about absconding, making blanket passport denials disproportionate and unreasonable. The judgment balances individual liberty with the State's legitimate interest in securing the accused's presence for trial.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This roadmap decodes a complex administrative law judgment to help citizens understand their passport renewal rights even while facing criminal proceedings, ensuring constitutional protections are not lost to procedural barriers.