Gujarat High Court
Sumit Suresh Bhatnagar vs Regional Passport Officer on 23 June, 2025
NEUTRAL CITATION
C/SCA/8105/2025 ORDER DATED: 23/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8105 of 2025
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SUMIT SURESH BHATNAGAR
Versus
REGIONAL PASSPORT OFFICER
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Appearance:
MUNJAAL M BHATT(8283) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 23/06/2025
ORAL ORDER
1. Rule, returnable forthwith. Learned
advocate Mr.Pradip Bhate waives service of notice
of Rule on behalf of the respondent.
2. The present writ petition has been filed
by the petitioner seeking a direction upon the
respondent-Regional Passport Office, Ahmedabad to
renew the passport of the petitioner for a period
of ten years, in accordance with Rule 12 of the
Passport Rules, 1980 as against the Respondent's
impugned decision of renewal of only 1 year.
3. Learned advocate for the petitioner
submitted that Petitioner was arraigned in a
complaint being R.C No. 0292018A0006-GNR dated
26th March, 2018 registered by CBI, Gandhinagar
for the alleged offences committed under Sections
120-B read with 420, 467, 468 and 471 of the
Indian Penal Code, 1860 and Sections 13(2) read
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with Section 13(1)(d) of the Prevention of
Corruption Act, 1988. The Petitioner states that
the petitioner is enlarged on bail vide order
dated 19th October, 2022 passed by this Hon'ble
Court in Criminal Miscellaneous Application
No.16832 of 2022. As a part of the bail
conditions, the Petitioner was also required to
submit the Passport before the Trial Court.
Learned advocate for the petitioner submitted
that he has been compliant with all bail
conditions since then.
3.1 The Petitioner preferred an application
bearing Criminal Miscellaneous Application
No.1781 of 2023 in ACB Special Case No.3 of 2020
before the Trial Court seeking release of
passport for the limited purpose of its renewal
since the Petitioner's passport was due to expire
on 21th October, 2023 which was allowed by the
Trial Court vide its order dated 26th May, 2023.
The Trial Court specifically directed that the
passport to be renewed as per law. On the basis
of the aforesaid, upon Petitioner's application,
the respondent renewed the Petitioner's passport
for only one year.
3.2 As the passport of the Petitioner was
again due to expire, the Petitioner preferred
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another application being Criminal Miscellaneous
Application No.2949 of 2024 before Trial Court
seeking release of Passport for the limited
purpose of its renewal. The application of the
Petitioner was allowed by the Trial Court vide
order dated 03rd October, 2024 whereby the Trial
Court directed release of the Petitioner's
passport for a period of 60 days for its renewal.
3.3 Learned advocate for the petitioner
submitted that upon his application for renewal
of Passport made before the Respondent, the
Respondent has renewed the Passport on 26th
November, 2024 only for a period of one year till
26th November, 2025 as against the standard rule
of ten years as prescribed under Rule 12 of
Passport Rules, 1980.
4. Learned senior advocate Mr.Manish Bhatt
with learned advocate Mr.Mayur Kishanchandani
appearing for the Petitioner has relied upon the
recent decision dated 01st May, 2025 passed in
Special Civil Application No.3460 of 2025 in case
of Vipulbhai Chandulal Thakkar vs The Regional
Passport Office and has sought necessary
directions against the Respondent.
5. Learned advocate Mr.Pradip Bhate for the
Respondent submits that the passport application
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of the petitioner is to be processed in
accordance with the GSR Notification 570(E) dated
25th August, 1993. learned advocate submits that
the citizens who are facing criminal proceedings
have to produce orders from the Court concerned
permitting them to depart from India.
6. Heard learned advocates for the parties,
perused the documents on record and considered
the submissions.
7. At the outset, it is not in dispute that
the Complaint bearing R.C No.0292018A0006-GNR
dated 26th March, 2018 came to be lodged by CBI,
Gandhinagar for the offences punishable under
Sections 120-B read with 420, 467, 468 and 471 of
the Indian Penal Code, 1860 and Sections 13(2)
read with. The investigation is over and the
chargesheet was also filed before the Special
Court, CBI registered as CBI Special Case No.6 of
2018 which was later transferred to learned
Principal District Judge, Ahmedabad (Rural) and
is presently pending as ACB Special Case No.3 of
2020. The petitioner is enlarged on bail by this
Court vide order dated 19th October, 2022 passed
in Criminal Miscellaneous Application No.16832 of
2022.
8. The GSR Notification 570(E) dated 25th
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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
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
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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."
9. 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 1 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.
10. The Division Bench of the Bombay High
Court 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".
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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.
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
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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)."
11. That this Court vide judgment dated 01st
May, 2025 in case of Vipulbhai Chandulal Thakkar
(supra) has held the following while placing
reliance on the decision of the above division
bench of the Hon'ble Bombay High Court in writ
petition No.361 of 2014 dated 13th March, 2014:
"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 Section6(2(f) of the Passport Act, 1967
being GSR Notification 570(E) dated 25.08.1993.
There being an ambiguity under the provisions
of the Act, the Rules and the GSR Notification
570(E) dated 25.08.1993 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
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."
12. This Court is of the considered opinion
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that the directions issued by the Bombay High
Court and this Court are binding upon the
passport authorities to renew the passport for a
period of ten years in the interest of justice.
13. In view of the aforesaid reasons and
observations, the respondent authorities are
directed to renew the passport of the petitioner
for a period of five 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 four weeks from the date of
such application.
14. With the aforesaid directions, the
present Special Civil Application is allowed.
Rule is made absolute to the aforesaid extent.
(NIRAL R. MEHTA,J)
ANUP
