Rashmin Kantilal Vakta vs Regional Passport Office, Ahmedabad

Gujarat High Court

Rashmin Kantilal Vakta vs Regional Passport Office, Ahmedabad on 15 October, 2025

                                                                                                          NEUTRAL CITATION




                              C/SCA/14221/2025                             ORDER DATED: 15/10/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 14221 of 2025

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                                                 RASHMIN KANTILAL VAKTA
                                                         Versus
                                          REGIONAL PASSPORT OFFICE, AHMEDABAD
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                       Appearance:
                       MR ADITYA JOSHI for MR TARAK DAMANI(6089) for the Petitioner
                       MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                                       Date : 15/10/2025

                                                        ORAL ORDER

[1] By the present writ petition, the petitioner has prayed for direction to issue fresh passport to the petitioner for a period of 10 years.

[2] Learned advocate for the petitioner submits that the petitioner came to be convicted for 3 years of simple imprisonment and total fine of Rs.3,000 imposed under sections 420, 468 and 471 of IPC and acquitted under Section 120B, 467 of the IPC by judgment and order dated 9.7.2019 passed by learned Special Judge (CBI), Ahmedabad in Special Case (CBI) No.28 of 2009, being aggrieved by the conviction and sentence, the petitioner filed a Criminal appeal No.1556 of 2019 before this Court, wherein this Court by order dated 5.8.2019 admitted the appeal and suspended the substantive sentence and granted bail to the petitioner on certain terms and conditions. The petitioner herein had deposited the Page 1 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:12:05 IST 2025 NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined passport with the learned trial court. The petitioner by way of Criminal Misc. Application No.1 of 2025 in Criminal Appeal no.1556 of 2019 sought for release of the passport which was allowed vide order dated 29.7.2025. The Regional Passport Officer, Ahmedabad routinely renews the passport of the petitioner for 1 year and thereby, the petitioner faces problem in travelling abroad as the procedure consumes majority of time. Hence, this petition seeking for direction.

[3] 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 25th August 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. He, therefore, submits that the communication dated 5th July 2023 has been issued in accordance with the GSR Notification 570(E) dated 25 th August 1993.

[4] Heard learned advocates for the parties, perused the documents on record and considered the submissions.

[5] At the outset it is not in dispute that after the conviction of the petitioner under the provision of Sections 420, 468 and 471 of the Indian Penal Code by the learned Special Judge (CBI), Ahmedabad in Special Case (CBI) No.28 of 2019, the conviction of petitioner came to be suspended by this Court and petitioner came to be released on bail, pending Page 2 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:12:05 IST 2025 NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined appeal on certain terms and condition by order 5.8.2019 in Criminal Misc. Application No. 1 of 2019 in Criminal Appeal No.1556 of 2019. The Criminal Appeal preferred by the present petitioner against the conviction being Criminal Appeal No.1556 of 2019 is pending adjudication before this court.

[6] The GSR Notification 570(E) dated 25 th August, 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 Page 3 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:12:05 IST 2025 NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined 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 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 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."

[7] 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 one 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.

NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined [8] The Division Bench of the Bombay High Court in writ petition No.361 of 2014 dated 13 th March, 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 :-

(a) In all cases where the Magistrate's 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.

NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined

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)."

[9] 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 th August 1993. There being an ambiguity under the provisions of the Act, the Rules and the GSR Notification 570(E) dated 25th August 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 Page 6 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:12:05 IST 2025 NEUTRAL CITATION C/SCA/14221/2025 ORDER DATED: 15/10/2025 undefined 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.

[10] In view of the aforesaid reasons and observations, the respondent authorities are directed to 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. If any application for renewal of the passport is made by the petitioner, the same be decided expeditiously within a period of 4 weeks from the date of such application.

[11] With the aforesaid directions, the present Special Civil Application is allowed and accordingly stands disposed of. No order as to costs.

(NIRAL R. MEHTA,J) V.J. SATWARA Page 7 of 7 Uploaded by V.J. SATWARA(HC00170) on Thu Oct 16 2025 Downloaded on : Fri Oct 17 02:12:05 IST 2025