Full Judgment Text
2025 INSC 1476
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO………………………OF 2025
(ARISING OUT OF SLP (CIVIL) NO. 17769 OF 2025)
MAHESH KUMAR AGARWAL ...APPELLANT(S)
VERSUS
UNION OF INDIA & ANR. ...RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. Leave granted.
2. 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. The State may,
where statute so provides, regulate or restrain that
freedom in the interests of justice, security or public order
but such restraint must be narrowly confined to what is
necessary, proportionate to the object sought to be
achieved, and clearly anchored in law. When procedural
safeguards are converted into rigid barriers, or temporary
disabilities are allowed to harden into indefinite
Signature Not Verified
exclusions, the balance between the power of the State and
Digitally signed by
SONIA BHASIN
Date: 2025.12.19
16:25:14 IST
Reason:
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the dignity of the individual is disturbed, and the promise
of the Constitution is put at risk.
3. The present appeal arises from the judgment and order
dated 04.04.2025 passed by the Division Bench of the High
Court at Calcutta in APOT No. 215 of 2024, affirming the
judgment and order dated 15.05.2024 passed by the
learned Single Judge in WPO No. 352 of 2024. By the said
order, the learned Single Judge dismissed the writ petition
filed by the appellant seeking a direction to the
respondents, namely the Union of India through the
Ministry of External Affairs and the Regional Passport
Office, Kolkata (hereinafter “RPO, Kolkata”), to renew his
ordinary passport which had expired on 28.08.2023. The
Division Bench upheld the legal reasoning of the learned
Single Judge, but left it open to the appellant to approach
the High Court of Delhi and the Court of the Additional
Judicial Commissioner XVI-cum-Special Judge, National
1
Investigation Agency , Ranchi, for appropriate directions.
4. The facts giving rise to the present appeal are as follows:
4.1. The appellant, Mahesh Kumar Agarwal, is an Indian
citizen who was issued an ordinary passport bearing No.
Z2611895 on 29.08.2013, which remained valid until
28.08.2023.
4.2. The appellant is an accused in a case investigated by the
NIA, arising out of Tandwa P.S. Case No. 02 of 2016 dated
11.01.2016 in District Chatra, Jharkhand. The NIA re-
registered the case as RC No. 06/2018/NIA/DLI on
1
NIA
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16.02.2018, alleging extortion, levy collection and related
activities in the coal mining areas of Amrapali and
Magadh, including alleged funding of a proscribed
organisation. The appellant has been arrayed as Accused
No. 18 and stands charge sheeted, inter alia, under
2
Section 120B of the Indian Penal Code, 1860 read with
Section 17 of the Unlawful Activities (Prevention) Act,
3
1967 , and for substantive offences under Sections 17
and 18 of the UA(P) Act, Section 17 of the Criminal Law
4
Amendment Act, 1908 and Section 201 IPC, before the
Court of the Additional Judicial Commissioner XVI-cum-
5
Special Judge, NIA, Ranchi , in Special Case No. 03 of
2018.
4.3. Prior to the present proceedings, the appellant had
challenged an order of cognizance passed by the NIA
Court, Ranchi, by filing Criminal Appeal (Division Bench)
No. 119 of 2020 before the High Court of Jharkhand. By
an interim order dated 10.02.2020, the High Court
directed that the appellant shall not leave India without
prior permission of the Court and that he shall deposit
his passport before the Trial Court. In compliance, the
appellant’s passport was deposited before the NIA Court,
Ranchi. Criminal Appeal (DB) No. 119 of 2020 was
subsequently dismissed on 11.01.2022 and the
protection granted earlier was vacated. A Special Leave
2
IPC
3
UA(P) Act
4
CLA Act
5
NIA Court, Ranchi
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Petition (Criminal) filed by the appellant against the
dismissal of the said appeal was also dismissed by this
Court.
4.4. In the NIA case, the appellant was arrested and remanded
to custody. By order dated 11.04.2022 passed in Criminal
Appeal (DB) No. 175 of 2022, the High Court of
Jharkhand set aside an order refusing bail and directed
that the appellant be released on bail on conditions to be
fixed by the NIA Court, Ranchi. By order dated
12.04.2022, the NIA Court, Ranchi, directed the appellant
to furnish bail bonds and further directed that he shall
deposit his original passport before the Court. The
appellant informed the Court that his original passport
was already in the Court’s custody pursuant to the earlier
order passed by the High Court of Jharkhand.
4.5. Separately, the appellant was tried in a CBI coal block
matter before the Court of the Special Judge, Prevention
of Corruption Act, CBI (Coal Block Cases-01), Rouse
Avenue Courts, New Delhi. By judgment dated
21.04.2022 and order on sentence dated 25.04.2022, the
appellant was convicted and sentenced to a maximum
term of four years’ imprisonment for offences under the
IPC. The fine imposed was paid. Against the said
conviction and sentence, the appellant preferred Criminal
Appeal No. 189 of 2022 before the High Court of Delhi.
4.6. By order dated 23.05.2022, the Delhi High Court
suspended the sentence awarded to the appellant, subject
to conditions, including a direction that the appellant
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shall not leave the country without permission of the
Court.
4.7. As the date of expiry of his passport approached, the
appellant filed an application before the NIA Court,
Ranchi, seeking “no objection” for renewal of his passport
for a further period of ten years and for release of the
passport for that limited purpose. By order dated
10.07.2023, the NIA Court, Ranchi, noted that the
passport bearing No. Z2611895 had been issued on
29.08.2013 and was valid till 28.08.2023, and that the
appellant had applied for “no objection” for renewal of the
passport for a period of the next ten years.
4.8. By the order dated 10.07.2023, the NIA Court, Ranchi,
directed that the passport of the appellant be handed over
to him for the limited purpose of renewal, upon his
furnishing an indemnity bond of Rs.50,000/- with two
sureties of like amount, one surety being a resident of
Ranchi, Jharkhand. The appellant was directed to remain
physically present for framing of charge on 31.07.2023
and to receive the passport himself. The appellant was
also required to file an undertaking that he would not
obtain any visa to travel outside India after renewal of the
passport without permission of the NIA Court, Ranchi,
and that he would deposit the renewed passport
immediately with the Court office. A copy of the order was
directed to be sent to the Superintendent of Police, NIA,
with a further direction to forward it to the Ministry of
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External Affairs and the RPO, Kolkata, for information
and needful.
4.9. Thereafter, the appellant moved an application being
CRL.M.A. No. 21988 of 2023 in Criminal Appeal No. 189
of 2022 before the Delhi High Court, seeking “no
objection” or permission for renewal of his passport for a
period of ten years. In that application, it was pointed out
that, under the notification dated 25.08.1993 issued
under Section 22 of the Passports Act, 1967 (hereinafter
“Passports Act”), read with the Office Memorandum dated
10.10.2019 issued by the Ministry of External Affairs
(hereinafter “OM dated 10.10.2019”), persons against
whom criminal cases are pending are required to obtain
permission or no objection from the concerned court for
issuance or renewal of passports.
4.10. By order dated 04.09.2023, the Delhi High Court, after
noticing its earlier condition imposed in the order dated
23.05.2022 that the appellant shall not leave the country
without permission of the Court, held that there was no
basis to deny renewal or issuance of passport to the
appellant for a regular period of ten years. The Delhi High
Court accordingly granted “no objection” and permission
for renewal of the appellant’s passport for a period of ten
years.
4.11. In the meantime, the appellant’s passport expired on
28.08.2023. On 22.09.2023, the appellant submitted an
application for re-issue of his passport before the RPO,
Kolkata, bearing Application No. CA2075810107923. In
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the said application, the appellant disclosed the pendency
of the NIA case before the NIA Court, Ranchi, the
conviction in the CBI coal block case, and the criminal
appeal pending before the Delhi High Court, as well as the
orders passed therein, including the condition that he
shall not leave India without permission of the Court.
4.12. On 17.10.2023, the appellant appeared before the RPO,
Kolkata, and produced certified copies of the order dated
04.09.2023 passed by the Delhi High Court and the order
dated 10.07.2023 passed by the NIA Court, Ranchi. He
requested renewal of his passport for a period of ten years
on the strength of the said orders.
4.13. The respondents examined the application in the light of
Section 6(2)(f) of the Passports Act, the notification G.S.R.
570(E) dated 25.08.1993 issued under Section 22 of the
Passports Act (hereinafter “GSR 570(E)”) and the OM
dated 10.10.2019. According to the respondents, the
appellant could be exempted from the bar under Section
6(2)(f) only if the competent criminal court expressly
permitted his departure from India and specified, or at
least enabled, the period of travel, in terms of GSR 570(E).
Since the NIA Court, Ranchi, had granted “no objection”
only for the limited purpose of renewal of the passport,
had directed re-deposit of the passport immediately after
renewal and had not granted permission to travel abroad
in the pending NIA case, the respondents took the
position that the statutory bar under Section 6(2)(f)
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continued to operate and that a regular ten-year passport
could not be issued.
4.14. Before any final decision was communicated by the RPO,
Kolkata, the appellant addressed letters dated
10.03.2024 and 05.04.2024 to the Passport Authority,
reiterating his request for renewal of his passport. As
there was no positive response, the appellant approached
the High Court at Calcutta under Article 226 of the
Constitution of India by filing WPO No. 352 of 2024,
seeking, inter alia, a direction to the Union of India
through the Ministry of External Affairs and the RPO,
Kolkata, to renew his passport for ten years in terms of
the orders passed by the Delhi High Court and the NIA
Court, Ranchi.
4.15. By judgment and order dated 15.05.2024, the learned
Single Judge of the High Court at Calcutta dismissed the
writ petition. The learned Single Judge examined the
scheme of the Passports Act, the Passport Rules, 1980
(hereinafter “Passport Rules”), GSR 570(E) and the OM
dated 10.10.2019, and held, inter alia, that the power to
re-issue or renew a passport after expiry of its tenure is
traceable to Section 5 of the Passports Act, and that the
restrictions contained in Section 6(2), including Section
6(2)(f), apply equally to such re-issuance or renewal. The
learned Single Judge noted that while the Delhi High
Court had granted no objection for renewal of the
passport for ten years, the NIA Court, Ranchi, had
permitted the appellant to obtain the passport only for the
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limited purpose of renewal and had not granted
permission to travel abroad. On that premise, the learned
Single Judge held that the bar under Section 6(2)(f)
operated against the appellant and that the Passport
Authority could not be compelled to renew or re-issue a
passport in contravention of the statute.
4.16. Aggrieved, the appellant preferred an appeal, being APOT
No. 215 of 2024, before the Division Bench of the High
Court at Calcutta. By an interim order dated 07.02.2025,
the Division Bench recorded a prima facie view that the
writ court could not be converted into an executing court
to enforce orders of the Delhi High Court or the NIA Court,
Ranchi, and that, in any event, in the appellant’s Delhi
case the sentence alone had been suspended and the
conviction had not been stayed. The Division Bench also
noted that the distinction between issuance and renewal
of a passport has been removed by the omission of the
separate renewal form, and that the grounds under
Section 6(2) of the Passports Act applied to an application
for re-issue of a passport as well.
4.17. By the impugned judgment and order dated 04.04.2025,
the Division Bench dismissed the appeal and affirmed the
reasoning of the learned Single Judge. It held that there
existed a statutory embargo under Section 6(2)(f) of the
Passports Act in view of the pending proceedings before
the NIA Court, Ranchi, and the subsisting conviction in
the Delhi case, and that, in the absence of an order from
the competent criminal courts permitting the appellant to
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depart from India in terms of GSR 570(E), the Passport
Authority could not be directed to re-issue a passport for
a regular period of ten years. At the same time, the
Division Bench clarified that it did not wish to foreclose
the appellant’s rights and left it open to him to approach
the Delhi High Court and the NIA Court, Ranchi, for
appropriate directions in accordance with law.
5. Being aggrieved by the dismissal of his writ petition and
intra-court appeal, and by the refusal of the High Court at
Calcutta to grant relief for renewal of his passport, the
appellant has approached this Court in the present appeal,
assailing the judgment and order dated 04.04.2025 as well
as the judgment and order dated 15.05.2024 and seeking
appropriate directions for renewal of his passport in terms
of the permissions granted by the Delhi High Court and the
NIA Court, Ranchi.
6. We have heard the learned senior counsel Mr. Gopal
Subramanium for the appellant and Learned Additional
Solicitor General Mrs. Aishwarya Bhati for the respondents
and we have perused the material on record. The issue that
arises for consideration is whether, having regard to the
Passports Act, the Passport Rules, notification GSR 570(E)
dated 25.08.1993 and the OM dated 10.10.2019, the
respondents were justified in declining to re-issue an
ordinary passport to the appellant for the normal period of
ten years on account of the pending criminal proceedings
and the subsisting conviction, despite the “no objection” or
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permissions granted by the Delhi High Court and the NIA
Court, Ranchi.
7. Before going into the crux of the matter at hand, we deem
it necessary to reproduce the principal statutory provisions
and notifications which bear on the controversy in the
present appeal.
7.1 Section 5 of the Passports Act, which deals with
applications for passports and orders thereon, provides as
follows:
“ 5. Applications for passports, travel documents,
etc., and orders thereon
(1) An application for the issue of a passport under
this Act for visiting such foreign country or
countries (not being a named foreign country) as
may be specified in the application may be made
to the passport authority and shall be
accompanied by such fee as may be prescribed to
meet the expenses incurred on special security
paper, printing, lamination and other connected
miscellaneous services in issuing passports and
other travel documents.
Explanation. - In this section, ‘named foreign
country’ means such foreign country as the
Central Government may, by rules made under
this Act, specify in this behalf.
(1A) An application for the issue of-
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(i) a passport under this Act for visiting a named
foreign country; or
(ii) a travel document under this Act for visiting such
foreign country or countries (including a named
foreign country) as may be specified in the
application or for an endorsement on the
passport or travel document referred to in this
section,
may be made to the passport authority and shall be
accompanied by such fee (if any), not exceeding
rupees fifty, as may be prescribed.
(1B) Every application under this section shall be in
such form and contain such particulars as may
be prescribed.
(2) On receipt of an application under this section,
the passport authority, after making such
inquiry, if any, as it may consider necessary,
shall, subject to the other provisions of this Act,
by order in writing, -
(a) issue the passport or travel document with
endorsement, or, as the case may be, make on
the passport or travel document the
endorsement, in respect of the foreign country or
countries specified in the application; or
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(b) issue the passport or travel document with
endorsement, or, as the case may be, make on
the passport or travel document the
endorsement, in respect of one or more of the
foreign countries specified in the application and
refuse to make an endorsement in respect of the
other country or countries; or
(c) refuse to issue the passport or travel document
or, as the case may be, refuse to make on the
passport or travel document any endorsement.
(3) Where the passport authority makes an order
under clause (b) or clause (c) of sub-section (2)
on the application of any person, it shall record
in writing a brief statement of its reasons for
making such order and furnish to that person on
demand a copy of the same unless in any case
the passport authority is of the opinion that it will
not be in the interests of the sovereignty and
integrity of India, the security of India, friendly
relations of India with any foreign country or in
the interests of the general public to furnish such
copy.”
7.2 Section 6 of the Passports Act, which deals with refusal of
passports and travel documents, in so far as it is material,
provides:
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“ 6. Refusal of passports, travel documents, etc .-
(1) Subject to the other provisions of this Act, the
passport authority shall refuse to make an
endorsement for visiting any foreign country
under clause (b) or clause (c) of sub-section (2) of
section 5 on any one or more of the following
grounds, and on no other ground, namely:-
(a) that the applicant may, or is likely to, engage in
such country in activities prejudicial to the
sovereignty and integrity of India;
(b) that the presence of the applicant in such
country may, or is likely to, be detrimental to the
security of India;
(c) that the presence of the applicant in such country
may, or is likely to, prejudice the friendly
relations of India with that or any other country;
(d) that in the opinion of the Central Government the
presence of the applicant in such country is not
in the public interest.
(2) Subject to the other provisions of this Act, the
passport authority shall refuse to issue a
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passport or travel document for visiting any
foreign country under clause (c) of sub-section (2)
of section 5 on any one or more of the following
grounds, and on no other ground, namely:-
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage
outside India in activities prejudicial to the
sovereignty and integrity of India;
(c) that the departure of the applicant from India
may, or is likely to, be detrimental to the security
of India;
(d) that the presence of the applicant outside India
may, or is likely to, prejudice the friendly
relations of India with any foreign country;
(e) that the applicant has, at any time during the
period of five years immediately preceding the
date of his application, been convicted by a court
in India for any offence involving moral turpitude
and sentenced in respect thereof to
imprisonment for not less than two years;
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(f) that proceedings in respect of an offence alleged
to have been committed by the applicant are
pending before a criminal court in India;
(g) that a warrant or summons for the appearance,
or a warrant for the arrest, of the applicant has
been issued by a court under any law for the time
being in force or that an order prohibiting the
departure from India of the applicant has been
made by any such court;
(h) that the applicant has been repatriated and has
not reimbursed the expenditure incurred in
connection with such repatriation;
(i) that in the opinion of the Central Government the
issue of a passport or travel document to the
applicant will not be in the public interest.”
7.3 Sections 7 and 8 of the Passports Act, which deal with
duration and extension of passports, provide:
“7. Duration of travel document.-
A passport or travel document shall, unless
revoked earlier, continue in force for such period
as may be prescribed and different periods may
be prescribed for different classes of passports
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or travel documents or for different categories of
passports or travel documents under each such
class:
Provided that a passport or travel document may
be issued for a shorter period than the
prescribed period-
(a) if the person by whom it is required so desires;
or
(b) if the passport authority, for reasons to be
communicated in writing to the applicant,
considers in any case that the passport or travel
document should be issued for a shorter period.
8. Extension of period of passport.-
Where a passport is issued for a shorter period
than the prescribed period under section 7,
such shorter period shall, unless the passport
authority for reasons to be recorded in writing
otherwise determines, be extendable for a
further period (which together with the shorter
period shall not exceed the prescribed period)
and the provisions of this Act shall apply to such
extension as they apply to the issue thereof.”
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7.4 Section 9 of the Passports Act, which refers to the
conditions and forms of passports, states:
“9. Conditions and forms of passports and travel
documents.-
The conditions subject to which, and the form in
which, a passport or travel document shall be
issued or renewed shall be such as may be
prescribed:
Provided that different conditions and different
forms may be prescribed for different classes of
passports or travel documents or for different
categories of passports or travel documents
under each such class:
Provided further that a passport or travel document
may contain, in addition to the prescribed
conditions, such other conditions as the passport
authority may, with the previous approval of the
Central Government, impose in any particular
case.”
7.5 Section 10 of the Passports Act, which confers power to
impound or revoke a passport, in so far as it is relevant
for the present matter, reads thus:
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“ 10. Variation, impounding and revocation of
passports and travel documents.-
…
(3) The passport authority may impound or cause to
be impounded or revoke a passport or travel
document-
(a) if the passport authority is satisfied that the
holder of the passport or travel document is in
wrongful possession of the same; or
(b) if the passport or travel document was obtained
by the suppression of material information or on
the basis of wrong information provided by the
holder or any other person on his behalf; or
[Provided that if the holder of such passport obtains
another passport the passport authority shall
also impound or cause to be impounded or
revoke such other passport]
(c) if the passport authority deems it necessary so to
do in the interests of the sovereignty and integrity
of India, the security of India, friendly relations
of India with any foreign country, or in the
interests of the general public;
(d) if the holder of the passport or travel document
has, at any time after the issue of the passport or
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travel document, been convicted by a court in
India for any offence involving moral turpitude
and sentenced in respect thereof to
imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to
have been committed by the holder of the
passport or travel document are pending before a
criminal court in India;
(f) if any of the conditions of the passport or travel
document has been contravened;
(g) if the holder of the passport or travel document
has failed to comply with a notice under sub-
section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport
authority that a warrant or summons for the
appearance, or a warrant for the arrest, of the
holder of the passport or travel document has
been issued by a court under any law for the time
being in force or if an order prohibiting the
departure from India of the holder of the passport
or other travel document has been made by any
such court and the passport authority is satisfied
that a warrant or summons has been so issued
or an order has been so made.”
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7.6 Section 22 of the Passports Act empowers the Central
Government to grant exemptions. It provides:
22. Power to exempt.-
“
Where the Central Government is of opinion that it
is necessary or expedient in the public interest
so to do, it may, by notification in the Official
Gazette and subject to such conditions, if any,
as it may specify in the notification-
(a) exempt any person or class of persons from the
operation of all or any of the provisions of this
Act or the rules made thereunder; and
(b) as often as may be, cancel any such notification
and again subject, by a like notification, the
person or class of persons to the operation of
such provisions.”
7.7 Rule 12 of the Passport Rules, which prescribes the period
for which an ordinary passport remains in force,
stipulates, to the extent relevant, that an ordinary
passport shall, unless otherwise ordered and subject to
the provisions of the Passports Act, be in force for a period
of ten years from the date of its issue and shall not be
issued for a period beyond ten years.
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7.8 In exercise of the power under Section 22 of the Passports
Act, the Central Government issued notification GSR
570(E) dated 25.08.1993. By this notification, citizens of
India against whom proceedings in respect of an offence
alleged to have been committed by them are pending
before a criminal court in India were exempted from the
operation of Section 6(2)(f), subject to conditions. The
notification, inter alia, provides that:
“(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 for a period of one year;
(iii) if such order gives permission to travel abroad for
a period less than one year, but does not specify
the period validity of the passport, the passport
shall be issued for one year;
(iv) if such order gives permission to travel abroad for
a period exceeding one year, and does not specify
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the validity of the passport, then the passport
shall be issued for the period of travel abroad
specified in the order.
(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 a fresh court order specifying a further period
of validity of the passport or specifying a period
for travel abroad;
(d) the said citizen shall give 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.”
7.9 The Ministry of External Affairs thereafter issued the OM
dated 10.10.2019 (No. VI/401/1/5/2019). By this Office
Memorandum, all Passport Authorities were directed to
apply GSR 570(E) strictly in cases where criminal
proceedings are pending, to insist on an undertaking in
terms of the notification, and to treat a “no objection
certificate” or permission granted by a criminal court as
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prevailing over an adverse police report, while keeping in
view that in cases covered by Section 6(2)(f) the passport
is ordinarily to be issued for a shorter period, consistent
with the scheme of the Passports Act and the Passport
Rules.
8. From a conjoint reading of Sections 5, 6, 7 and 8 of the
Passports Act, a structured scheme emerges. Section 5 is
the starting point. It prescribes the manner in which an
application for a passport is to be made and requires the
passport authority, subject to the other provisions of the
Act, to decide the application by issuing or refusing the
passport through a written order. Section 6 qualifies that
power and sets out, in an exhaustive manner, the grounds
on which the passport authority shall refuse to issue a
passport or travel document. Sub-section (1) deals with
refusal of endorsements for particular countries. Sub-
section (2) governs refusal of issue itself and again begins
with the words “subject to the other provisions of this Act”.
It obliges the authority to refuse issue where any of the
situations in clauses (a) to (i) are present, including the
pendency of criminal proceedings before a court in India
under clause (f). Section 7 then addresses the duration of
a passport. It provides that a passport shall continue in
force for such period as may be prescribed, but also
permits the authority, for reasons to be communicated in
writing to the applicant, to issue a passport for a shorter
period in an appropriate case. Section 8 deals with the
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converse situation where a passport has already been
issued for a shorter period. It permits extension of such a
passport, but expressly states that the provisions of the Act
shall apply to such extension as they apply to the issue of
the passport, thereby linking an extension back to the
same statutory conditions and limitations that govern
original issue under Sections 5 and 6.
9. Sections 9, 10 and 22 reinforce and complete this
framework. Section 9 enables the Central Government, by
rules, to prescribe the conditions subject to which and the
form in which a passport shall be issued or renewed. It also
permits, with prior approval of the Central Government,
the imposition of case-specific conditions in addition to the
prescribed ones. Section 10 operates at a later stage and
deals with the life of a passport after it has been issued. It
empowers the passport authority, in defined situations, to
require production of the passport and to impound or
revoke it. One such situation, under Section 10(3)(e), is
where proceedings in respect of an offence alleged to have
been committed by the holder are pending before a
criminal court in India. Section 22 then confers on the
Central Government the power, where it considers it
necessary or expedient in the public interest, to exempt
any person or class of persons from the operation of
specified provisions of the Act or the Rules, subject to
conditions. It is in exercise of this power that GSR 570(E)
was issued, creating a controlled exemption from the bar
in Section 6(2)(f) in favour of persons facing criminal
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proceedings who obtain permission from the concerned
court and comply with the conditions set out in that
notification.
10. On a plain reading, GSR 570(E) does two things. First, it
recognises that persons facing criminal proceedings are
not to be treated as absolutely disentitled to a passport.
Instead, it permits such persons to obtain a passport,
notwithstanding Section 6(2)(f), where the concerned
criminal court has applied its mind and passed an order in
relation to issuance or use of the passport and where the
applicant furnishes an undertaking to appear before the
court as and when required. Secondly, it structures the
exercise of that exemption by tying the validity and use of
the passport to the terms of the court’s order. Thus, where
the court specifies a period for which the passport is to be
issued, the passport authority must honour that period.
Where the court does not stipulate any period, the
notification provides default rules, including issuance for
a shorter period, ordinarily one year, in appropriate cases.
What the notification does not do is to create a new
substantive bar beyond Section 6(2)(f), or to insist that the
criminal court must, in every case, grant a prior blanket
permission to “depart from India” for specified dates as a
jurisdictional precondition to the very issue or re-issue of
a passport.
11. The OM dated 10.10.2019 does not create a new regime. It
reiterates that GSR 570(E) must be “strictly applied”,
explains the procedure where criminal cases are pending
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and makes it clear that a “no objection certificate” or
permission from the criminal court, read with the
applicant’s undertaking, may override an adverse police
report with reasons recorded by the Passport Officer. It also
contemplates situations where more than one court is
dealing with the matter and indicates that the orders of all
such courts are to be read together. The OM is thus an
administrative restatement of the position under Section
6(2)(f), Section 22 and GSR 570(E), and cannot add to or
cut down the exemption which the notification itself
grants.
12. Proceeding on the same assumption as the Calcutta High
Court, we are prepared to treat re-issue of an expired
ordinary passport as referable to Section 5 and subject to
Section 6(2)(f). Even on that footing, the question is
whether the embargo under Section 6(2)(f) remained
absolute in the appellant’s case, or stood relaxed by virtue
of the orders passed by the Delhi High Court and the NIA
Court, Ranchi, which brought him within the exempted
class recognised in GSR 570(E). In our view, once the
criminal courts, with full knowledge of the pending
proceedings, consciously allowed renewal subject to the
condition that the appellant shall not travel abroad without
their permission and, in the case of the NIA Court, required
redeposit of the renewed passport, the underlying concern
of Section 6(2)(f) stood adequately addressed under judicial
supervision.
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13. The Calcutta High Court has treated Section 6(2)(f) as an
unyielding bar so long as any criminal proceeding is
pending, unless the criminal court simultaneously
authorises a specific foreign trip for a defined period. That
reading unduly narrows the effect of GSR 570(E). Nothing
in the Passports Act requires the criminal court to convert
every permission into a one-time licence to undertake a
particular journey. The statute equally permits the court
to allow renewal of the passport while retaining complete
control over each instance of foreign travel by insisting on
its prior leave, as both courts have done in the present
case.
14. We are also unable to agree with the view that the appellant
could not fall within GSR 570(E) because the NIA Court did
not itself mention “ten years” in its order. The appellant’s
application before that court specifically sought renewal for
ten years. The NIA Court granted no objection for renewal,
released the passport for that limited purpose, directed
redeposit after renewal and prohibited the appellant from
obtaining any visa or travelling abroad without its
permission. The Delhi High Court, dealing with the
conviction in the CBI case, then expressly held that there
was no basis to deny renewal “for a regular period of ten
years” and granted permission accordingly, while
continuing the condition that the appellant shall not leave
the country without its permission. Read together, in the
manner envisaged by the OM dated 10.10.2019, these
orders supply both the requisite judicial permission and a
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clear indication of the period of validity. In such
circumstances, the Passport Authority and the Calcutta
High Court were not justified in treating Section 6(2)(f) as
continuing to operate in full force so as to deny renewal
altogether.
15. The reasoning of the learned Single Judge proceeds on the
basis that, once Section 6(2)(f) is attracted, renewal of a
passport is virtually ruled out unless the criminal court, at
the same time, permits a particular foreign trip for a
specified duration. With respect, this approach overlooks
two features of the statutory scheme. First, Section 6(2)(f)
is a ground for refusal at the stage of issue or re-issue, but
it is expressly made subject to “the other provisions” of the
Act, which include Section 22 and the exemption carved
out through GSR 570(E). Second, GSR 570(E) does not
compel the criminal court to authorise a particular
journey. It proceeds on the broader premise that where the
criminal court permits the applicant to depart from India
and the period of validity can be anchored either in the
court’s order or in the default periods mentioned in the
notification, the embargo in Section 6(2)(f) stands lifted to
that extent. In the present case, both criminal courts have
adopted a different but equally legitimate method of control
by allowing renewal while reserving to themselves the
power to regulate each instance of foreign travel. That
method satisfies the statutory concern of securing the
accused’s presence as effectively as, if not more effectively
than, a one-time permission for a single trip.
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16. The respondents and the Calcutta High Court have also
treated the expression “permission to depart from India” in
GSR 570(E) as if it necessarily refers only to a concrete
permission for an immediately proposed journey. We do
not read the notification in so narrow a manner. Where, as
here, the conditions of bail already stipulate that the
appellant shall not leave the country without prior
permission of the court concerned, and the same court
then grants no objection to renewal of the passport without
relaxing that condition, the requirement that departure
from India shall be subject to judicial permission is built
into the very terms of the exemption. The passport
authority is not required, at the renewal stage, to demand
a schedule of future journeys or visas which may not yet
exist. Its task is to see whether, despite pending
proceedings, the criminal courts have chosen to keep the
possibility of travel open under their supervision. Once
that position is clear, GSR 570(E) applies and the bar
under Section 6(2)(f) cannot be invoked to refuse renewal
altogether.
17. We are also unable to endorse the characterisation by the
Division Bench that entertaining the appellant’s writ
petition would convert the High Court into an “executing
court” for the orders of the Delhi High Court and the NIA
Court, Ranchi. The writ petition did not seek execution of
those orders as such. It sought enforcement of a statutory
obligation cast on the passport authority, read with the
exemption notification that forms part of the legal regime
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under the Passports Act. The criminal court orders were
relevant facts which determined whether the appellant fell
within the exempted category under GSR 570(E). To direct
the passport authority to give effect to that exemption is to
ensure compliance with the statute and the notification,
not to execute the criminal court’s orders.
18. There is yet another aspect. The learned Single Judge
treated the subsisting conviction in the Delhi case as an
additional reason to sustain refusal under Section 6(2)(f).
However, this Court in Vangala Kasturi Rangacharyulu
v. Central Bureau of Investigation 2021 SCC OnLine SC
3549 has already drawn a clear distinction between an
accused “facing trial in a criminal court” and a person who
has been convicted and is pursuing an appeal and how the
same can impact the issuance of a passport. The relevant
paras of this judgement are as follows:
“7. The refusal of a passport can be only in case
where an applicant is convicted during the period
of 5 years immediately proceeding the date of
application for an offence involving moral
turpitude and sentence for imprisonment for not
less than two years.
8. Section 6.2(f) relates to a situation where the
applicant is facing trial in a criminal court.
9. Admittedly, at present, the conviction of the
appellant stands still the disposal of the criminal
appeal. The sentence which he has to undergo is
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for a period of one year. The passport authority
cannot refuse the renewal of the passport on the
ground of pendency of the criminal appeal.
10. The passport authority is directed to renew the
passport of the applicant without raising the
objection relating to the pendency of the criminal
appeal in this Court. Subject to the other
conditions being fulfilled, the Interlocutory
Application stands disposed of.”
19. Moreover, Section 6(2)(f) speaks of “proceedings in respect
of an offence alleged to have been committed” and is
directed at the pre-conviction stage. Once there is a
conviction, the situation falls, if at all, within Section
6(2)(e), which uses a different threshold and language. The
Delhi conviction, therefore, could not have been used to
reinforce a bar under Section 6(2)(f). In any event, the Delhi
High Court, fully conscious of the conviction and sentence,
has itself granted no objection for renewal for ten years,
while retaining its control over travel.
20. It must also be noted that denial of renewal of a passport
does not operate in a vacuum. This Court has repeatedly
6
held in a catena of judgements that the right to travel
abroad and the right to hold a passport are facets of the
right to personal liberty under Article 21 of the
Constitution of India. Any restriction on that right must be
6
Satwant Singh Sawhney v. D. Ramarathnam 1967 SCC OnLine SC 21, Maneka Gandhi v. Union of
India, (1978) 1 SCC 248, Union of India v. Naveen Jindal, (2004) 2 SCC 510
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fair, just and reasonable, and must bear a rational nexus
with a legitimate purpose.
21. The legitimate purpose behind Section 6(2)(f) and Section
10(3)(e) is to ensure that a person facing criminal
proceedings remains amenable to the jurisdiction of the
criminal court. That purpose is fully served in the present
case by the conditions imposed by the NIA Court, Ranchi,
and the Delhi High Court, which require the appellant to
seek prior permission before any foreign travel and, in the
NIA case, to re-deposit the passport immediately after
renewal. To add to these safeguards an indefinite denial of
even a renewed passport, when both criminal courts have
consciously permitted renewal, would be a
disproportionate and unreasonable restriction on the
appellant’s liberty.
22. It is important to keep distinct the possession of a valid
passport and the act of travelling abroad. A passport is a
civil document that enables its holder to seek a visa and,
subject to other laws and orders, to cross international
borders. Whether a person who is on bail or facing trial
may actually leave the country is a matter for the criminal
court, which can grant or withhold permission, impose
conditions, insist on undertakings, or refuse leave
altogether. In the present case, both criminal courts have
done exactly that. To refuse renewal on the speculative
apprehension that the appellant might misuse the
passport is, in effect, to second-guess the criminal courts’
assessment of risk and to assume for the passport
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authority a supervisory role which the statute does not
envisage.
23. The reliance placed by the respondents and the Calcutta
High Court on the fact that the application for re-issue was
made after the original passport had expired is also
misplaced. The Passports Act contemplates passports that
“continue in force” for a prescribed period. It does not
create a separate disability for applicants whose earlier
passports have lapsed. Re-issue after expiry is a routine
occurrence. The only relevant question remains whether
any of the statutory grounds of refusal under Section 6(2)
continue to apply in the face of an exemption granted
under Section 22 by way of GSR 570(E). For the reasons
already discussed, we are of the clear view that they do not
in the present case.
24. Finally, even on the respondents’ own reading of GSR
570(E), the consequence of an order which does not specify
a longer period of validity is that the passport should be
issued for a shorter duration, usually one year, and not
that renewal must be refused altogether. The learned
Single Judge and the Division Bench did not examine this
aspect, because they proceeded on the premise that the
appellant stood outside the exemption altogether. Once it
is recognised that the appellant is within the exempted
class, the correct question for the passport authority is the
appropriate period of validity in the facts of the case, not
whether any renewal is permissible at all. In the present
matter, given that the Delhi High Court has expressly
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authorised renewal for ten years and the NIA Court has
imposed stringent conditions including redeposit and prior
permission for travel, we see no justification to curtail the
normal period of validity.
25. In the light of the above discussion, we are unable to
sustain the approach adopted by the learned Single Judge
and the Division Bench. Both have treated Section 6(2)(f)
as an absolute bar so long as any criminal proceeding is
pending, without giving full effect to the statutory
exemption mechanism under Section 22 and GSR 570(E),
and without adequately appreciating that the criminal
courts actually dealing with the appellant’s cases have
consciously permitted renewal while retaining stringent
control over any foreign travel. They have, in effect,
converted a qualified restriction, designed to secure the
presence of an accused, into a near-permanent disability
to hold a valid passport, even where the criminal courts
themselves do not consider such a disability necessary.
26. We clarify that our conclusions are confined to the legal
interplay between Sections 5, 6, 7, 8, 9, 10 and 22 of the
Passports Act, GSR 570(E) and the OM dated 10.10.2019,
on the facts of the present case. We express no opinion on
the merits of the criminal proceedings pending before the
NIA Court, Ranchi, or on the appeal pending before the
Delhi High Court, nor do we dilute in any manner the
power of those courts to vary, strengthen or relax the
conditions of bail, including conditions relating to travel
abroad, in accordance with law.
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27. It is needless to observe that nothing in this judgment
curtails the powers of the passport authority under Section
10 of the Passports Act. If any future order of a competent
court, or any subsequent development, requires
impounding or revocation of the appellant’s passport, it
shall be open to the authority to act in accordance with
Section 10 and other applicable provisions. Equally, if the
appellant violates any condition imposed by the NIA Court,
Ranchi, or the Delhi High Court, it will be open to those
courts to take such steps, including modification of bail
and recall of permissions, as may be warranted.
28. In the result, the appeal is allowed.
29. The judgment and order dated 04.04.2025 passed by the
Division Bench of the High Court at Calcutta in APOT No.
215 of 2024, as well as the judgment and order dated
15.05.2024 passed by the learned Single Judge in WPO No.
352 of 2024, are set aside.
30. The respondents are directed to re-issue an ordinary
passport to the appellant for the normal period of ten years
from the date of issue, subject to compliance with the
usual procedural requirements, within a period of four
weeks from the date of production of a copy of this
judgment before the RPO, Kolkata. The passport so issued
shall remain subject to all existing and future orders
passed by the NIA Court, Ranchi, and the Delhi High
Court, including, in particular, the conditions that the
appellant shall not leave India without prior permission of
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the court concerned and shall deposit the passport in that
court as and when so directed.
31. All pending interlocutory applications stand disposed of.
……………………………….J.
[VIKRAM NATH]
……………………………….J.
[AUGUSTINE GEORGE MASIH]
NEW DELHI
DECEMBER 19, 2025
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