[Cites 6, Cited by 0]
Gujarat High Court
Abdulhanif Abdulrazaq Shaikh vs The Regional Passport Office on 8 May, 2026
NEUTRAL CITATION
C/SCA/7106/2026 JUDGMENT DATED: 08/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7106 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
✔
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ABDULHANIF ABDULRAZAQ SHAIKH
Versus
THE REGIONAL PASSPORT OFFICE
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Appearance:
VALIMOHAMMED PATHAN(6383) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 08/05/2026
JUDGMENT
1. RULE returnable forthwith. Learned Standing Counsel waives
service of notice of rule on behalf of the respondents.
2. With the consent of learned counsel for the respective parties,
the present petition is taken up for hearing.
3. Present petition is filed by the petitioner under Article 226 of
the Constitution of India and under the provisions of the Passport Act,
1967 seeking direction to respondent Passport authority to issue
passport for a period of 10 years to the petitioner.
4. Heard learned counsel for the petitioner and learned counsel
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Standing Counsel for the respondents - authorities.
5. Learned advocate for the petitioner has submitted that under
the prevalent rules of the GSR Notification 570(E) dated 25.08.1993,
the respondent authority has to renew the passport of the petitioner
for a period of 10 years. He has submitted that as the validity of the
petitioner's passport was expired, the petitioner had applied for
renewal of the passport for the period of 10 years, however, the
respondent has not renewed the passport on the ground that the
criminal case is pending. He has submitted that the petitioner has to
travel to abroad but due to non-renewal/issuance of the passport, he
is not able to visit. He has, therefore, submitted that appropriate
direction be passed since the petitioner is well settled and has no
intention of absconding.
6. Per contra, Mr. Pradip D. Bhate, learned Standing Counsel for
the respondents has submitted that the passport of the petitioner has
been renewed from time to time in terms of the GSR Notification
570(E) dated 25.08.1993. He submits that where the order of the Trial
Court grants permission to travel abroad for a period of less than 1
year but does not specify the period, the passport has to be renewed
only for 1 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.
7. Considered the submissions and perused the documents on
NEUTRAL CITATION
C/SCA/7106/2026 JUDGMENT DATED: 08/05/2026
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record.
8. 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, 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
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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.
9. 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. In the present case, the passport authority
has processed the renewal application of the petitioner for a period of
1 year since the Trial Court has not specified any period in its order.
10. The Division Bench of the Bombay High Court 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 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
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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.
11. 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).
12. 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
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has clarified the said ambiguity in case of Narendra K. Ambwani
Vs. Union of India & Ors., 2014 SCC Online Bom 356. 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.
13. In view of the aforesaid reasons and observations, the
respondent authority is directed to renew/issue 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 concerned Court seeking permission to
travel abroad, which shall impose such conditions as it deems fit and
proper in case of the petitioner. The application for renewal/issuance
of the passport made by the petitioner, if any, be decided
expeditiously within a period of 4 weeks from the date of receipt of
this order.
14. With the aforesaid directions, the present Special Civil
Application is allowed and accordingly stands disposed of. Rule is
made absolute to the aforesaid extent. No order as to costs. Direct
service is permitted.
(HEMANT M. PRACHCHHAK,J)
Dolly
