Imagine planning an overseas trip, only to discover that a criminal case pending for years has stalled the issuance or renewal of your passport. The passport authority rejects your application, leaving
you frustrated and uncertain. However, there is no need to panic. Indian law offers a remedy that can revive your stalled travel plans.
The Supreme Court has repeatedly clarified that the mere existence of a pending criminal case does not take away a citizen’s right to fly. The court has recognised personal liberty and the right to travel abroad as fundamental rights. Even if the Passport Authority rejects your application, citing a pending case, there are legal ways to still obtain a passport.
Supreme Court On The Right To Travel Abroad
The Supreme Court has consistently held that foreign travel falls within the scope of personal liberty under the Constitution.
This right cannot be curtailed without a valid legal justification. A pending criminal case alone is not sufficient grounds to permanently deny a passport.
Mahesh Kumar Agarwal vs Union Of India: A Landmark Verdict
In the case of Mahesh Kumar Agarwal vs Union of India, the Supreme Court delivered a landmark judgment that clarified the law surrounding passport issuance. The court ruled that a pending criminal case does not amount to a permanent bar under Section 6(2)(f) of the Passport Act.
If a criminal case is sub judice, the applicant must obtain a No Objection Certificate (NOC) or explicit permission from the criminal court where the case is pending. Once the court grants permission to travel abroad, the Passport Department is legally bound to comply with the order.
Role Of The 1993 Govt Notification
The procedure outlined by the Supreme Court is also supported by a 1993 government notification, which clearly states that passports can be issued or renewed even when criminal proceedings are pending, provided the applicant secures appropriate court permission.
The notification reinforces that court approval is paramount in such cases.
Criminal Cases And Passport Rules: Q&A
1. Can a new passport be issued if a criminal case is pending?
Yes. The Supreme Court has clarified that a pending criminal case by itself is not a bar. The applicant must obtain permission or a No Objection Certificate from the court where the case is pending.
2. Can the Passport Authority reject an application due to a pending case?
If the applicant produces a valid court order or NOC permitting foreign travel, the Passport Authority cannot reject the application on the grounds of a pending criminal case. The court’s order must be honoured.
3. What kind of right is travelling abroad?
The Supreme Court has held in several judgments that travelling abroad is a fundamental right under the broader concept of personal liberty, and it cannot be taken away without strong legal grounds.
4. What does Section 6(2)(f) of the Passport Act provide?
This provision empowers the Passport Authority to withhold passport issuance when a criminal case is pending. However, once court permission is obtained, this section no longer prevents the issuance of a passport.
5. What does the 1993 government notification say about passport rules?
The notification lays down the conditions under which passports may be issued despite pending criminal cases or convictions. It emphasises that judicial permission overrides administrative objections.
In summary, a pending criminal case does not automatically strip an individual of their right to travel abroad. With proper legal permission from the court, passport issuance or renewal remains legally possible.
