Gujarat High Court
Jignesh Gokalbhai Ramani vs Union Of India on 3 July, 2025
NEUTRAL CITATION
C/SCA/8731/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8731 of 2025
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JIGNESH GOKALBHAI RAMANI
Versus
UNION OF INDIA & ORS.
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Appearance:
NEEL B DAVE(9651) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 03/07/2025
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
ten years.
2. Learned advocate for the petitioner
submits that an FIR being No.120 of 2011 dated
22nd November, 2011 came to be lodged with Amreli
City Police Station, Amreli for the offences
punishable under Sections 467, 468, 471 and 120B
of the Indian Penal Code. He submits that the
investigation is over and the chargesheet was
filed. The filing of the chargesheet culminated
into Criminal Case No.1342 of 2016. He submits
that the petitioner is enlarged on bail by
learned 3rd Additional District & Sessions Judge,
Amreli vide order dated 24th June, 2016 passed in
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C/SCA/8731/2025 ORDER DATED: 03/07/2025
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Criminal Miscellaneous Application No.272 of
2016. He submits that since the passport of the
petitioner was to expire on 10th March, 2025, the
petitioner moved applications before the Trial
Court which were allowed and condition No.2(5)
came to be deleted vide order dated 20th January,
2024. The petitioner has preferred application
for renewal of his passport on 19th March, 2025.
learned advocate further submits that since the
condition No.2(5) is deleted, the passport is
with the petitioner only. Learned advocate for
the petitioner submits that his passport is hold
by the authority by saying that case is pending
against the petitioner. Learned advocate submits
that on this ground passport of the petitioner
cannot be withheld and, therefore, requests this
Court to direct the passport authority to renews
the passport of the petitioner for a period of
ten years as per rules.
3. Learned advocate Mr.Pradip D. Bhate for
the respondents 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.
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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
the FIR being No.120 of 2011 dated 22nd November,
2011 came to be lodged with the Amreli City
Police Station, Amreli for the offences
punishable under Sections 467, 468, 471 and 120B
of the Indian Penal Code. The investigation is
over and the chargesheet was also filed. The
filing of the chargesheet culminated into
Criminal Case No.1342 of 2016. The petitioner is
enlarged on bail by learned 3rd Additional
District & Session Judge, Amreli vide order dated
24th June, 2016 passed in Criminal Miscellaneous
Application No.272 of 2016.
6. The GSR Notification 570(E) dated 25th
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
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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 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."
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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.
8. The Division Bench of the High Court of
Mumbai in writ petition No.361 of 2014 dated 13th
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
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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).
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
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being GSR Notification 570(E) dated 25th 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 Court is of the
considered opinion that the directions issued by
the High Court of Mumbai are binding upon the
passport authorities to renew the passport for a
period of ten 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 ten years. However, it is
clarified that if the petitioner has to undertake
any travel abroad, the petitioner will have to
make appropriate application to the concerned
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
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by the petitioner, the same be decided
expeditiously within a period of four 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)
ANUP
