Gujarat High Court
Vora Nazirahemad Alimahmad vs Union Of India on 15 October, 2025
NEUTRAL CITATION
C/SCA/14333/2025 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14333 of 2025
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VORA NAZIRAHEMAD ALIMAHMAD
Versus
UNION OF INDIA & ORS.
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Appearance:
MR.HARDIK BHARHMBHAT(3741) 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 : 15/10/2025
ORAL ORDER
[1] Rule. Mr. Pradip D. Bhate, learned advocate waives
service of rule for the respondents.
[2] The present Special Civil Application seeks a
direction to hold the renewal of the passport of the petitioner
only for one year being violative of his fundamental right and
therefore, being illegal, arbitrary and discriminatory and in
violation of the provisions of the Passport Act, 1967.
[3] Learned advocate for the petitioner has submitted
that under the prevalent rules of the GSR Notification 570(E)
dated 25th August, 1993, the respondent authority has to
renew the passport of the petitioner for a period of 10 years.
He submits that the FIR against the petitioner has been
pending since last 16 years and during the pendency of the
criminal proceedings, petitioner's passport is expiring on
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18.3.2025. The petitioner has, therefore, moved application
before the concerned Trial Court. The Trial Court vide its
order dated 3.9.2025 has directed the passport authority to
renew the passport of the petitioner as per the rules and
prevalent Notifications for a period of one year. Learned
advocate for the petitioner submits that the respondent has
renewed the passport of the petitioner only for a period of one
year from 19.3.2018 to 18.3.2019 in terms of the GSR
Notification 570(E) dated 25th August, 1993. He submits that
the petitioner is required to trave abroad for religious
purposes. He submits that since the petitioner's passport is
valid only for one year, it is restricting his travel abroad as
and when required. He, therefore, submits that appropriate
direction be passed since the petitioner is well settled in
business and has no intention of absconding.
[3.1] Learned advocate for the petitioner in support of
his submissions has relied upon the judgment of the Division
Bench of Bombay High Court reported in 2014 SCC Online
Bom 356 - Narendra K. Ambwani v. Union of India &
Ors. wherein the Bombay High Court 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, Mr. Pradip D. Bhate, learned advocate
for the respondent has submitted that the passport of the
petitioner has been renewed from time to time in terms of the
GSR Notification 570(E) dated 25th August, 1993. He submits
that where the order of the Trial Court grants permission to
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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 FIR under Sections 447,
435 and 114 of the IPC came to be registered against the
petitioner being I-CR No.107 of 2009 before the Vejalpur
Police Station wherein the charge-sheet has been filed and
thereafter, Criminal Case No.12943 of 2009 came to be
registered. By order dated 3.9.2025, the 4 th Additional Judicial
Magistrate First Class, Ahmedabad (Rural) in Criminal Case
No.12943 of 2009, has passed an order directing that the
passport of the petitioner is permitted to be renewed as per
the rules and regulations applicable to renewal of passport.
Another FIR being I-CR No.45 of 2015 came to be registered
against the petitioner under Sections 307, 384, 506(2), 120B
and 114 of the IPC. wherein the charge-sheet has been filed
and thereafter, Sessions Case No.181 of 2016 came to be
registered. By order dated 20.1.2025, the 3 rd Additional
Sessions Judge, Ahmedabasd in Criminal Misc. Application
No.112 of 2025, has passed an order directing that the
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passport of the petitioner is permitted to be renewed as per
the rules and regulations applicable to renewal of passport.
[7] 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
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. In the present case, the passport authority has
processed the renewal application of the petitioner for a
period of one year since the Trial Court has not specified any
period in its order. Further, the said order also places
restriction that whenever the petitioner has to travel abroad,
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he has to take appropriate permission from the Trial Court.
[9] 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 at least ten years. The
Regional Passport Office shall renew the
passports of such qualifying applicants at
least 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
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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 Additional Sessions Judge,
Ahmedabad, 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 Additional Sessions Judge, Ahmedabad, 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
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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 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.
[11] 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 four weeks from the date of such
application.
[12] With the aforesaid directions, the present Special
Civil Application is allowed and accordingly stands disposed
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of. Rule is made absolute to the aforesaid extent. No order as
to costs.
(NIRAL R. MEHTA,J)
V.J. SATWARA
