Gujarat High Court
Parth Piyushkumar Shah vs Union Of India on 16 September, 2025
NEUTRAL CITATION
C/SCA/12659/2025 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12659 of 2025
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PARTH PIYUSHKUMAR SHAH
Versus
UNION OF INDIA & ANR.
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Appearance:
MR. NILAY A THAKER(7275) 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 : 16/09/2025
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 C.R. No.III-212 of 2018 dated 25th November 2018 came to
be lodged with Chaklasi Police Station, Kheda for the offences
punishable under Sections 65E, 123(1)(a), 81, 84, 86, 90 and
66(1)B of the Prohibition Act. He submits that the investigation is
over and the charge-sheet was filed. The filing of the charge-sheet
culminated into Criminal Case No.1647 of 2019. He submits that
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the petitioner is enlarged on bail by the learned Principal Sessions
Judge, Nadiad vide order dated 28th November 2018 passed in
Criminal Miscellaneous Application No.1933 of 2018. The
petitioner has preferred application for renewal of his passport on
19th August 2025. 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
renew 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.
[4] Heard learned advocates for the parties, perused the
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documents on record and considered the submissions.
[5] At the outset, it is not in dispute that the FIR being
C.R. No.III-212 of 2018 dated 25th November 2018 came to be
lodged with Chaklasi Police Station, Kheda for the offences
punishable under Sections 65E, 123(1)(a), 81, 84, 86, 90 and
66(1)B of the Prohibition Act. The investigation is over and the
charge-sheet was also filed. The filing of the charge-sheet
culminated into Criminal Case No.1647 of 2019. The petitioner is
enlarged on bail by the learned Principal Sessions Judge, Nadiad
vide order dated 28th November 2018 passed in Criminal
Miscellaneous Application No.1933 of 2018.
[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
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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 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
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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 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
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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 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
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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 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
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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. The
Application being No.25-0061095465 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.
[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)
CHANDRESH
