Gujarat High Court
Mayurdhvajsinhji Ghanshyamsinhji ... vs Regional Passport Office, Ahmedabad on 13 May, 2025
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C/SCA/7086/2025 ORDER DATED: 13/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7086 of 2025
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MAYURDHVAJSINHJI GHANSHYAMSINHJI PARMAR S/O
GHANSHYAMSINHJI PARMAR
Versus
REGIONAL PASSPORT OFFICE, AHMEDABAD
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Appearance:
MR JASH S THAKKAR(11271) for the Petitioner(s) No. 1
MR. SHUSHIL R. SHUKLA, ADVOCATE FOR KSHITIJ M AMIN(7572) for
the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 13/05/2025
ORAL ORDER
[1] By way of the present writ petition, the petitioner has
prayed for direction to renew the passport of the petitioner for a
period of 10 years.
[2] Mr. Jash S. Thakkar, learned advocate appearing for the
petitioner submits that the impugned communication raising
objection and denying the renewal of the passport passed by the
respondent is illegal, invalid, erroneous and is without
jurisdiction and competence and the same is unjust, unfair,
contrary to the provisions of law and the same is violative of
Articles 14, 19(1)(g) and 21 of the Constitution of India. It is
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submitted that the respondent authority ought not to have
refused to renew and reissue the passport on the ground of
pendency of criminal case against the petitioner. It is submitted
that petitioner has already been issued the passport on
24.08.2015 and the same is valid up to 23.08.2025 and while
renewing / reissuing the passport, the petitioner could not have
been refused on the ground of FIRs registered against the
petitioner. It is also submitted that petitioner herein has
provided all the relevant documents and materials for the
purpose of renewal / reissuance of passport. In wake of such
submission, Mr. Thakkar, learned advocate appearing for the
petitioner has requested to renew the passport of the petitioner
for a period of at least 10 years.
[3] Mr. Shushil R. Shukla, learned advocate appearing on
behalf of Mr. Kshitij M. Amin, learned advocate for the
respondent states at bar that recently, in a similar matter, by
way of an order dated 18.02.2025, the Division Bench of this
Court in Criminal Misc. Application No.2 of 2025 in Criminal
Appeal No.1581 of 2008 had granted renewal of passport only
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for a period of 5 years. He further states that the authorities do
not dispute the fact of the order of this Court in Special Civil
Application No.4770 of 2025 dated 01.05.2025. It is further
submitted that looking to the facts and nature of the present
case, renewal permission only for a period of 5 years may be
granted.
[4] Heard learned advocates appearing for the respective
parties, perused the documents on record and considered the
submissions. The issue of renewal of passport is already
addressed by this Court in Special Civil Application No. 4770 of
2025, which reads as under :-
"(6) The GSR Notification 570(E) dated 25.08.1993 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,
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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 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.
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(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 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.
8. The Division Bench of the Bombay High Court in the case of
Narendra Ambwani v. Union of India rendered in writ petition
No.361 of 2014 dated 13.03.2014 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
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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
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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 25.08.1993. 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."
[5] Further this Court in Criminal Misc. Application No. 2 of
2025 has granted renewal for five years, which reads as under :-
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" In view of the aforesaid, the Court is of the view that the
applications for renewal of passports of applicant- Vijaykumar
Narsinhbhai Patel bearing Passport No.X3635980 and applicant-
Nareshkumar Narsinhdas Patel bearing Passport No.X3637333,
which are to be expired on 27.03.2025, be considered by the
passport authority as per the provisions of the Official
Memorandum dated 10.10.2019 bearing No.VI/401/1/5/2019, for
a period of five years."
[6] 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. 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. 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.
[7] With the aforesaid directions, the present Special Civil
Application is partly allowed and accordingly stands disposed of.
No order as to costs.
(PRANAV TRIVEDI, J.)
DHARMENDRA KUMAR
