Thursday 20 October 2022

Whether the passport authority can refuse the renewal of the passport on the ground of pendency of the criminal appeal?

 Section 6.2 (f) relates to a situation where the

applicant is facing trial in a criminal court.

Admittedly, at present, the conviction of the

appellant stands still the disposal of the criminal

appeal. The sentence which he has to undergo is 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.

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,

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Criminal Appeal No(s). 1342/2017

VANGALA KASTURI RANGACHARYULU  Vs

CENTRAL BUREAU OF INVESTIGATION.

CORAM :

HON'BLE MR. JUSTICE L. NAGESWARA RAO

HON'BLE MR. JUSTICE B.R. GAVAI

Dated: 27-09-2021

UPON hearing the counsel the Court made the following

O R D E R

IA 52346/2021 in Crl.A. No. 1343/2017

The applicant was convicted for offences

punishable under Sections 120-B,420, 468, 471, 477 A of

the Indian Penal Code read with Section 13 (2) read

with Section 13 (1) of the Prevention of Corruption

Act, 1988. The appeal filed by him was dismissed by

the High Court. However, the sentence was reduced to

a period of one year.

The application for exemption from

surrendering filed by the applicant was allowed. Leave

was granted in the criminal appeal filed by the

applicant on 12.07.2017. The appeal is pending

consideration.

In the meanwhile, the applicant has filed this

application for a direction to the respondent to give

no objection for renewal of his passport which expired

on 12.11.2017. The applicant has contended that the

application filed by him for renewal of passport was

not considered. In spite of his repeated efforts,

including filing of an application under the Right to

Information Act, he was not informed the reason for non

renewal of his passport. It is averred in the

application filed for direction that the application

was orally informed that the renewal of the passport

was not being done due to the pendency of the criminal

appeal in this Court.

Mr. J.K.Sud, learned Additional Solicitor

General appearing for the respondent oppose the

application and submitted that renewal of passport can

be only after application obtains permission from the

concerned trial court. He referred to Section 6.2 of

the Passport Act, 1967 and argued that the passport

authority has the power to refuse issuance of the

passport in view of the pendency of the criminal appeal

filed by him. He submitted that sub-Section 6.2 (e) and

(f) of the Passport Act, 1967 would be applicable to

this case and the applicant is not entitled to seek

renewal passport without obtaining permission from the

trial court.

Section 6.2 of the Passports Act, 1967 reads as

follows:

x x x x x x x x x x

(2) Subject to the other provisions of this Act, the

passport authority shall refuse to issue a 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;

(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.

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.

Section 6.2 (f) relates to a situation where the

applicant is facing trial in a criminal court.

Admittedly, at present, the conviction of the

appellant stands still the disposal of the criminal

appeal. The sentence which he has to undergo is 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.

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.

(B.Parvathi) (Anand Prakash)

Court Master Court Master

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