Gujarat High Court
Dipak Jashwantlal Panchal vs Union Of India on 26 June, 2025
NEUTRAL CITATION
C/SCA/8296/2025 JUDGMENT DATED: 26/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8296 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
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Approved for Reporting Yes No
✔
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DIPAK JASHWANTLAL PANCHAL
Versus
UNION OF INDIA & ANR.
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Appearance:
MR NM KAPADIA(394) for the Petitioner(s) No. 1
MR R N KAPADIA(11245) for the Petitioner(s) No. 1
MS VASVI N KAPADIA(6079) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 26/06/2025
ORAL JUDGMENT
[1] Rule. Learned advocate Mr. Pradip Bhate waives service of
notice of Rule on behalf of the respondents.
[2] The present Special Civil Application seeks a direction
to extend the validity of his passport for a period of five years by
making appropriate endorsement on his Passport bearing
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No.Z7922523.
[3] Learned advocate for the petitioner has submitted that
under the prevalent Rules of the SR Notification 570(E) dated 25th
August, 1993, the respondent authority has to renew the passport
of the petitioner for a period of ten years. He submits that the
petitioner is facing trial in Special (SEBI) Case No.78 of 2015
before the Special Court at Mumbai and is pending hearing and
final disposal. During the pendency of the trial, petitioner's
passport has expired in the year 2018. The petitioner has,
therefore, moved application before the concerned Special Court at
Mumbai. The Trial Court vide its order dated 19th June, 2024 has
directed the passport authority to consider the application of the
petitioner for renewal of her passport as per the terms and
conditions of the Passport Act. It is further submitted that in the
said order the learned Special Judge has observed that pendency of
criminal case cannot be a ground for obtaining/renewal of
passport.
[3.1] Thereafter, the petitioner made an application on 19th
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July, 2024 for issuance of a new passport with validity period of ten
years, wherein the petitioner has disclosed pendency of Special
(SEBI) Case No.78 of 2015 against him. Learned advocate for the
petitioner submits that however the respondent No.2 renewed the
passport of the petitioner only for a period of one year from 5th
August, 2024 to 4th August, 2025. learned advocate, therefore,
submits that appropriate direction be passed since the petitioner is
well settled and has no intention of absconding.
[3.2] Learned advocate for the petitioner in support of his
submissions has relied upon the judgment of the Division Bench of
High Court of Mumbai in case of Narendra K. Ambwani v. Union
of India [2014 SCC Online Bom 356], wherein the High Court of
Mumbai has issued guidelines to be followed by the passport
authorities where the Trial Court has directed that the passport
may be renewed as per the rules.
[4] Per contra, learned advocate Mr. Pradip D. Bhate for the
respondents submitted that the passport of the petitioner has been
renewed in terms of the GSR Notification 570(E) dated 25 th August,
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1993. He submits that where the order of the Trial Court grants
permission to travel abroad for a period of less than one year but
does not specify the period, the passport has to be renewed only for
one year. He submits that in view of said Notification, the passport
authorities have issued the passport as per the rules and the
prevalent notifications. He submits that, however, there is no
restriction on this Court to issue a direction for issuance of the
passport for a certain period of validity as per the Rules. He,
therefore, submits that appropriate directions be passed
accordingly.
[5] Considered the submissions and perused the documents
on record.
[6] It is not disputed that the case against the petitioner is
pending before the learned Special Judge at Mumbai being Special
(SEBI) Case No.78 of 2015. By order dated 19th June, 2024
learned Special Judge has passed an order directing that the
passport authority to consider the application of the petitioner for
renewal of his passport as per the rules and regulations applicable
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to renewal of passport.
[7] 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 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
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(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."
[8] 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.
[8.1] In the present case, the passport authority has
processed the renewal application of the petitioner for a period of
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one year since the Trial Court has not specified any period in its
order.
[9] 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 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
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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).
[10] 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. In case of the petitioner
herein, the learned SEBI Special Judge, Greater Mumbai has clearly
directed that the application for renewal of the passport of the
petitioner should be processed as per the Act and Rules framed
thereunder. It is not disputed that the learned SEBI Special Judge
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has not given any direction as to the period for which the passport
of the petitioner should be renewed. 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 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.
[11] In view of the aforesaid reasons and observations, the
respondent authorities are directed to renew the passport of the
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petitioner for a period of five years as and when petitioner made an
application for renewal of his passport, which is, at present, valid
till 4th August, 2025. However, it is clarified that if the petitioner
has to undertake any travel abroad, he 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 by the petitioner, the same be
decided expeditiously within a period of four weeks from the date
of such application.
[12] With the aforesaid directions, the present Special Civil
Application is allowed and accordingly stands disposed of. Rule is
made absolute to the aforesaid extent.
(NIRAL R. MEHTA,J)
CHANDRESH
