BHAVESHKUMAR CHUNILAL RATHOD vs REGIONAL PASSPORT OFFICER
- Court
- Gujarat High Court
C/SCA/3203/2026 JUDGMENT DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3203 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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BHAVESHKUMAR CHUNILAL RATHOD
Versus
REGIONAL PASSPORT OFFICER
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Appearance:
VIJAY H PATEL(7361) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/04/2026
JUDGMENT
1. Rule returnable forthwith. Learned Standing Counsel
waives service of notice of rule for and on behalf of the
respondent.
2. By the present writ petition, the petitioner has prayed
for direction to renew the passport of the petitioner for
period of 10 years.
3. Learned advocate for the petitioner has submitted
that under the prevalent rules of the GSR Notification
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570(E) dated 25.08.1993, the respondent authority has to
renew the passport of the petitioner for a period of 10
years. He has submitted that the petitioner had applied
for re-issuance of the passport, however, the respondent
has not reissued/renewed the passport on the ground of
pending criminal case against the petitioner. He has
submitted that the petitioner has to travel to abroad but
due to non-renewal / non-issuance of the passport, he is
not able to visit.
4. Mr. Pradip D. Bhate, learned advocate for the
respondent submits that the passport application of the
petitioner is to be processed in accordance with the GSR
Notification 570(E) dated 25.08.1993. He submits that
the citizens who are facing criminal proceedings have to
produce orders from the Court concerned permitting
them to depart from India.
5. Heard learned advocates for the parties, perused the
documents on record and considered the submissions.
6. At the outset, it is not in dispute that the application of
the petitioner for re-issuance/renewal of the passport is
still pending before the concerned respondent authority.
Further, from the record it appears that investigation is
over and chargesheet is filed by the investigation officer.
7. At this stage, it is appropriate to refer the GSR
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Notification 570(E) dated 25.08.1993 reads as under:-
“G.S.R 570 (E)-In exercise of the powers conferred by
clause (a) of the Section 22 of the Passports Act 1967
(15 of 1967) and in supersession of the notification of the
Government of India in the Ministry of External Affairs
No. G.S.R. 298(E), dated the 14th April, 1976, the
Central Government, being of the opinion that it is
necessary in public interest to do so, hereby exempts
citizens of India against whom proceedings in respect of
an offences alleged to have been committed by them are
pending before a criminal court in India and who
produce orders from the court concerned permitting
them to depart from India, from the operation of the
provisions of Clause (f) of sub-section (2) of Section 6 of
the said Act, subject to the following conditions,
namely :-
(a) the passport to be issued to every such citizen
shall be issued-
(i) for the period specified in order of the
court referred to above, if the court specifies
a period for which the passport has to be
issued; or
(ii) if no period either for the issue of the
passport or for the travel abroad is specified
in such order, the passport shall be issued or
a period one year.
(iii) if such order gives permission to travel
abroad for a period less than one year, but
does not specify the periodvalidity of the
passport, the passport shall be issued for one
year; or
(iv) if such order gives permission to travel
abroad for a period exceeding one year, and
does not specify the validity of the passport,
then the passport shall be issued for period of
travel abroad specified in the order.
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(b) any passport issued in terms of (a) (ii) and (a)
(iii) above can be further renewed for one year at a
time, provided the applicant has not travelled
abroad for the period sanctioned by the court and
provided further that, in the meantime, the order of
the court is not cancelled or modified.
(c) any passport issued in terms of (a) (i) above can
be further renewed only on the basis of 3 fresh
court order specifying a further period of validity of
the passport or specifying a period for travel
abroad;
(d) the said citizen shall given an undertaking in
writing to the passport issuing authority that he
shall if required by the court concerned, appear
before it at any time during the continuance in
force of the passport so issued.”
8. Clause (ii) thereof states that if there is no period
specified in the order passed by the Trial Court for
issuance of passport, the passport shall be issued for a
period of 1 year. The said Notification also specifies in
Clause (i) that if the Court specifies the period for which
the passport has to be issued, then the passport shall be
issued for such a specified period.
9. The Division Bench of the Bombay High Court in writ
petition No.361 of 2014 dated 13.03.2014 has held thus:-
“10. In the circumstances, we propose to issue
guidelines to be followed by the Respondents on receipt
of the applications for renewal of the passports, in all
cases, where the Magistrate's court has directed
that the passports may be renewed as per the Rules.
11. Accordingly, we issue the following directions :-
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(a) In all cases where the Magistrates court directs
renewal of the passports under the Rules, the
Passport Rules, 1980 shall apply and passports
other than for a child aged more than 15 years
shall be renewed for a period of ten years or
twenty years as the case may be from the date of
its issue. All qualifying applicants are entitled to
have passport renewed for atleast ten years. The
Regional Passport Office shall renew the passports
of such qualifying applicants atleast for ten years.
(b) In case where the passports are valid and the
applicants hold valid visas on existing passport, the
Regional Passport Officer shall issue the additional
booklet to the same passport provided the
applicant had obtained permission to travel abroad.
(c) If the learned Magistrate passes an order
making the reference to the said Notification No.
G.S.R. 570(E) dated 26th August, 1993, the
passport shall be renewed only for such period that
the Magistrate may specify in the order or as
otherwise specified in the said Notification where
the passport of the applicant is valid for less than
one year, the additional booklet may be issued
subject to the orders to be obtained in this behalf
only of the Magistrate concerned.
12. For avoidance of doubt, we clarify that the guidelines
set out herein will be applicable only in the cases where
the learned Magistrate ordered renewal of the passports
as per Passport Rules, 1980 and to no other. In other
cases, where the learned Magistrate had granted
permission to the accused persons to depart from India,
the provisions of Section 6(2)(f) of the Passports Act,
1967 and the Notification(s) issued thereunder from time
to time by the Ministry of External Affairs or such other
competent authority so empowered, will continue to
apply and directions permitting the accused persons to
depart from India and/or the orders permitting renewal
of the passports of such accused persons shall continue
to be governed by such Notification(s).
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10. Though the said decision is not binding on this Court,
it has certainly a persuasive value. In the considered
opinion of this Court, the ratio of the said judgment
squarely applies in the facts and circumstances of the
present case. The Central Government has issued a
Notification by exercising powers vested in it under
Section 6(2)(f) of the Passport Act, 1967 being GSR
Notification 570(E) dated 25.08.1993. There being an
ambiguity under the provisions of the Act, the Rules and
the GSR Notification 570(E) dated 25.08.1993 issued by
the passport authority, the Division Bench of the Bombay
High Court has clarified the said ambiguity in case of
Narendra K. Ambwani (supra). This Court is also of the
considered opinion that the passport authorities do not
have any authority to decide whether the accused has a
right to travel abroad and such authority is only vested in
the Trial Court which can impose conditions if an
application is made seeking permission to travel abroad.
This Court is of the considered opinion that the directions
issued by the Bombay High Court are binding upon the
passport authorities to renew the passport for a period of
10 years as per the Act and the Rules.
11. In view of the aforesaid reasons and observations, the
respondent authority is hereby to decide the application
of the petitioner for renewal of the passport within period
of 4 weeks from the date of receipt of copy of present
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order and issue/renew the passport of the petitioner for a
period of 10 years. However, it is clarified that if the
petitioner has to undertake any travel abroad, he will
have to make appropriate application to the Trial Court
seeking permission to travel abroad, which shall impose
such conditions as it deems fit and proper in case of the
petitioner.
12. With the aforesaid directions, the present Special
Civil Application is allowed and accordingly stands
disposed of. No order as to costs. Direct service is
permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
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