[Cites 8, Cited by 0]
Gujarat High Court
Bokadia Amol Madanlal vs The Union Of India on 16 January, 2026
NEUTRAL CITATION
C/SCA/17946/2025 ORDER DATED: 16/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17946 of 2025
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BOKADIA AMOL MADANLAL
Versus
THE UNION OF INDIA & ANR.
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Appearance:
MR. RAHIL P JAIN(7305) 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 ANIRUDDHA P. MAYEE
Date : 16/01/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned
advocate waives service of rule for the respondent No.2.
2. It is submitted by the learned advocate for the petitioner
that an FIR being C.R.No.II-153 of 2015 came to be filed in the
Umbergaon Police Station, Valsad for the offence under
Sections 498A, 323, 506 and 34 of the IPC against the
petitioner. The said case is pending adjudication before the
learned Chief Judicial Magistrate, Umbergaon. He submits that
as the passport bearing No. B 7673153 has expired on
13.12.2024, he has made an application for renewal of the
same before the Passport Seva Kendra, which was pending
with an endorsement that "Court Case is pending".
3. Mr. Pradip D. Bhate, learned advocate for the respondent
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No.1 submits that since the criminal case is pending against the
petitioner, the passport of the petitioner is being renewed
annually. However, learned advocate could not dispute the
legal position that the passport of the petitioner can be
renewed for a normal period of 10 years.
4. Heard learned advocates for the parties, considered the
submissions and perused the documents on record.
5. It is not in dispute that the petitioner was holding a valid
passport, which has expired on 13.12.2024. It is not in dispute
that FIR being C.R.No.II-153 of 2015 came to be filed in the
Umbergaon Police Station, Valsad for the offence under
Sections 498A, 323, 506 and 34 of the IPC against the
petitioner. The said case is pending adjudication before the
learned Chief Judicial Magistrate, Umbergaon.
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 14 th 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
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C/SCA/17946/2025 ORDER DATED: 16/01/2026
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the said Act, subject to the following conditions, namely:
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; or
(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.
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;
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;
the said citizen shall give 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 Learned Trial Court for
the 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 Ld. concerned court specifies the period
for which the passport has to be issued, then the passport
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C/SCA/17946/2025 ORDER DATED: 16/01/2026
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shall be issued for such a specified period.
8. The Division Bench of the High Court of Mumbai in the
case of Narendra K. Ambwani v. Union of India & Ors. being
Writ Petition No. 361 of 2014, vide the order dated 13 th
March, 2014 has held that:
"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:
1. 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.
2. 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.
3. 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
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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 Notification(s)."
9. Though the said decision is not binding on this Court, it
certainly has a persuasive value. In the considered opinion of
this Court, the ratio of said judgment squarely applies in 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 Ld. Trial
Court which can impose conditions if an application is made
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seeking permission to travel abroad. This Court is also 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
respondent authorities are directed to renew the passport of
the petitioner for a period of 10 years as and when petitioner
makes an application for the renewal of passport. 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 learned Trial Court seeking
permission to travel abroad, which shall decide the same on its
own merits and may impose such conditions as it deems fit
and proper in case of the petitioner.
11. With the aforesaid directions, the present Special Civil
Application is allowed, and accordingly stands disposed of.
Rule is made absolute to the aforesaid extent.
Direct Service is permitted.
(ANIRUDDHA P. MAYEE, J.)
SALIM/
