Gujarat High Court
Yashin Idrishbhai Patel vs Union Of India on 18 September, 2025
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C/SCA/10354/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10354 of 2025
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YASHIN IDRISHBHAI PATEL
Versus
UNION OF INDIA & ANR.
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Appearance:
MR MOHAMMED ARKAM G SHAIKH(9840) for the Petitioner(s) No. 1
MR. ALTAF Y CHARKHA(7271) 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 : 18/09/2025
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
10 years.
[2] Learned advocate for the petitioner submits that the
petitioner came to be convicted for 2 years of simple imprisonment
and fine of Rs. 2,000 imposed under section 324 of IPC and also
came to be convicted for six months of imprisonment and fine of
Rs.1,000/- imposed under Section 323 of the Indian Penal Code by
order and judgement dated 24th October 2018 passed by learned .
Additional Sessions Court, Dahod in Sessions Case No. 126 of 2016,
being aggrieved by the conviction and sentence, the petitioner filed
a Criminal appeal No. 1775 of 2018, before this Court, wherein this
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Court by order dated 30th November 2018 admitted the appeal and
suspended the substantive sentence and granted bail to the
petitioner on certain terms and conditions. It is further the case of
the petitioner that earlier the petitioner was permitted to obtain
passport from the passport authority by this Court vide order dated
23rd November 2018 passed in Criminal Miscellaneous Application
No. 1 of 2023 in Criminal Appeal No. 1775 of 2018, after which the
passport authority issued a passport to the petitioner with a validity
of one year, after which the petitioner preferred a Special Civil
Application No. 17639 of 2024 before this Court seeking direction
to renew/reissue his passport for 10 years which the said petition
was then sought to be withdrawn as as the petitioner wanted to
make a fresh application to the respondent authority for the
renewal of his passport and by order dated 1 st January 2025 passed
by this Court permission as sought for came to be granted and the
petition was dismissed as withdrawn, after the said withdrawal, the
petitioner submitted a fresh passport application before the
passport authority wherein the passport authority directed the
petitioner to obtain a court order and new appointment was fixed,
pursuant to that, the petitioner filed Criminal Miscellaneous
Application No.1 of 2025 in Criminal Appeal No. 1775 of 2018
before this Court for issuance of direction to the passport authority
to consider the application of the petitioner for the purpose of
renewal of his passport which came to be allowed by order dated
19th March 2025 wherein passport authority was directed to
consider the application of the applicant in accordance with the
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law, pursuant to the said order, objection came to be
communicated to the present petitioner by the passport authority
requiring the petitioner to furnish permission to depart from India.
[3] Mr. Pradip D. Bhate, learned advocate for the
respondent 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. He, therefore,
submits that the communication dated 5th July 2023 has been
issued in accordance with the GSR Notification 570(E) dated 25 th
August 1993.
[4] Heard learned advocates for the parties, perused the
documents on record and considered the submissions.
[5] At the outset it is not in dispute that after the conviction
of the petitioner under the provision of Sections 323 and 324 of the
Indian Penal Code by the learned Additional Sessions Court, Dahod
in Sessions Case No. 126 of 2016, the conviction of petitioner came
to be suspended by this Court and petitioner came to be released
on bail, pending appeal on certain terms and condition by order
23rd November 2018 in Criminal Misc. Application No. 1 of 2018 in
Criminal Appeal No. 1775 of 2018. The Criminal Appeal preferred
by the present petitioner against the conviction being Criminal
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Appeal No. 1775 of 2018 is pending adjudication before this court.
[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 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
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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."
[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 Bombay High Court in writ
petition No.361 of 2014 dated 13th March, 2014 has held thus:-
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"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 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
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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
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 Bombay High Court are binding
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upon the passport authorities to renew the passport for a period of
10 years as per the Act and the Rules.
[10] 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 4 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
