WP/19961/2025 of SRI CHANDRASEKARAN RAJENDRAN Vs UNION OF INDIA on 9 July 2025

ORAL ORDER

The petitioner has sought for setting aside of the acknowledgement at Annexure - A issued by the Regional Passport Office, Bangalore.

2. It is the case of the petitioner that there are certain criminal proceedings pending against the petitioner and in light of the same, the Regional Passport Officer has not considered reissue of passport.

3. It is submitted that the proceedings against the petitioner in C.C.No.53583/2019 is pending before the XXIV ACJM, Mayohall Unit, Bangalore. Seeking quashing of

HC-KAR

the said proceedings, Crl.P.No.4545/2023 has been filed under Section 482 of Cr.P.C. and in the said petition, an interim order has been passed on 12.07.2023 staying the proceedings in C.C.No.53583/2019.

4. It is further submitted that the status of the passport application is shown as "On Hold" and upon enquiry petitioner has reliably learnt that reason for the delay appears to have been the proceedings pending against him.

5. Perused the Office Memorandum dated 10.10.2019 issued by the Government of India, Ministry of External Affairs, PSP Division. Para 5(i) and (ii) of the Office Memorandum dated 10.10.2019 reads as follows: "(i) The provisions of GSR 570(E) may be strictly applied in all cases. GSR 570(E) is a statutory notification and hence forms part of the Rules. It is to be noted that as per Section 5(2) of the Passports Act, 1967, the passport authority shall by order in writing take a decision whether to issue or refuse a passport,

HC-KAR

after making such inquiry, if any, as it may consider necessary. Moreover, Section 7 of the Passports Act, provides that a passport or travel document may be issued for a shorter period than the prescribed period 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. Rule 12 of the Passport Rules, 1980 only states that an ordinary passport shall be in force for a period of 10 years which implies that an ordinary passport cannot be issued beyond a period of 10 years.

(ii) Whenever an applicant is submitting a 'No Objection Certificate' (NOC) from a Court of law in India, the applicant should be advised that undertaking as per GSR 570(E) should be complete in all respects and should mention all the pending criminal cases against the applicant. The undertaking will have a note clearly stating that if any false or incomplete information is submitted by an applicant, then his passport application is liable to be rejected."

HC-KAR

6. The relevant extract of GSR 570(E) dated 25.08.1993 of AID Memo is reproduced as below: "G.S.R. 570(E). In exercise of the powers conferred by clause (a) of 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 offence 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 the 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

HC-KAR

(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 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; 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 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;

HC-KAR

(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."

6. In light of the above, the petition itself could be disposed off directing the petitioner to approach the Court in which proceedings are pending and obtain suitable orders as contemplated under GSR No.570(E) as extracted above.

7. Accordingly, the petition is disposed off.

8. It is necessary to clarify that stay of proceedings in Crl.P.No.4545/2023 will not come in the way of the trial Court from considering the application of the petitioner in terms of GSR No.570(E) as extracted above. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS