Karnataka High Court
Mohsin Khan @ Mohasin Khan vs Passport Authority Of India on 19 March, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:11457
WP No. 7349 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 7349 OF 2025 (GM-PASS)
BETWEEN:
MOHSIN KHAN @ MOHASIN KHAN,
S/O MAHABOOB KHAN,
AGED ABOUT 42 YEARS,
R/AT NO. 458, 3RD CROSS,
WILSON GARDEN, OPP. RANI PARK,
HOMBEGOWDA NAGAR, BANGALORE SOUTH,
BANGALORE, KARNATAKA - 560 027.
...PETITIONER
(BY SRI. SAGAR G. NAHAR, ADVOCATE)
AND:
PASSPORT AUTHORITY OF INDIA,
HAVING ITS OFFICE AT NO. 45,
Digitally signed LALBHAG MAIN ROAD,
by NAGAVENI
Location: High NEAR URVASHI THEATRE,
Court of SUDHAMA NAGAR
Karnataka
BENGALURU, KARNATAKA - 560 027.
...RESPONDENT
(BY SRI. H. SHANTHI BHUSHAN, DSGI)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO SET ASIDE / QUASH THE FORM C-4 BEARING
NO. 000092 DATED 27.02.2025 VIDE ANNX-A AND ETC.,
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NC: 2025:KHC:11457
WP No. 7349 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following
prayers:
"i) To set aside/quash the Form C-4, bearing
No.000092, dated 27/02/2025, vide ANNEXURE A,
ii) To renew/reissue Passport in favour of the
Petitioner without delay, and
iii) Grant such other reliefs as may be just and
appropriate in the facts and circumstances of the
case, in the interest of Justice and Equity."
2. Heard Shri Sagar G. Nahar, learned counsel
appearing for the petitioner and Shri H. Shanthi Bhushan,
learned Deputy Solicitor General of India appearing for the
respondent.
3. The learned counsel appearing for the petitioner
submits that the passport of the petitioner stood expired in the
year 2022 and it is not reissued/renewed on the score of
certain criminal proceedings pending against the petitioner.
NC: 2025:KHC:11457
4. Shri H. Shanthi Bhushan, learned Deputy Solicitor
General of India representing the respondent would submit that
the bar under Section 6(2)(f) of the Passports Act, 1967 could
not permit the person against whom charge sheet is filed to get
a regular validity passport.
5. This Court in an identical matter in
W.P.No.18066/2023 disposed on 14.02.2024, has held as
follows:
"9. I have given my anxious consideration to the
submissions made by the learned senior counsel for the
petitioner and learned Central Government Counsel
representing the respondent and have perused the
material on record. In furtherance whereof, the only
issue that falls for my consideration is, whether the
re-issuance or the renewal of the passport can be
denied on the score that a FIR is registered
against the holder of the passport?
10. The afore-narrated facts are not in dispute
and requires no reiteration. The issue lies in a narrow
compass, with regard to the action of the respondent in
not reissuing the passport as was sought by the
petitioner. As observed, the petitioner is a holder of an
Indian passport, which was issued to him on 05.04.2013
and its validity was upto 04.04.2023. The petitioner, six
months before its expiry i.e., on 10.11.2022, submitted
an application seeking renewal of his passport. It is not
considered on the score that there are three cases
pending against the petitioner, which are noted
hereinabove. The tenability or otherwise of such non-
consideration is required to be noticed, for which certain
provisions of the Passports Act, 1967 (for short 'the
Act'), are necessary to be considered. Section 6 of the
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Act deals with refusal of passports / travel documents, it
reads as follows:
""6. Refusal of passports, travel documents,
etc.--(1) Subject to the other provisions of this Act, the
passport authority shall refuse to make an endorsement for
visiting any foreign country under clause (b) or clause (c) of
sub-section (2) of section 5 on any one or more of the
following grounds, and on no other ground, namely:--
(a) that the applicant may, or is likely to, engage in
such country in activities prejudicial to the sovereignty and
integrity of India;
(b) that the presence of the applicant in such country
may, or is likely to, be detrimental to the security of India;
(c) that the presence of the applicant in such country
may, or is likely to, prejudice the friendly relations of India
with that or any other country;
(d) that in the opinion of the Central Government the
presence of the applicant in such country is not in the public
interest.
(2) Subject to the other provisions of this Act, the
passport authority shall refuse to issue a passport or travel
document for visiting any foreign country under clause (c) of
sub-section (2) of section 5 on any one or more of the
following grounds, and on no other ground, namely:--
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage
outside India in activities prejudicial to the sovereignty and
integrity of India;
(c) that the departure of the applicant from India may,
or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India
may, or is likely to, prejudice the friendly relations of India
with any foreign country;
(e) that the applicant has, at any time during the
period of five years immediately preceding the date of his
application, been convicted by a court in India for any offence
involving moral turpitude and sentenced in respect thereof to
imprisonment for not less than two years;
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(f) that proceedings in respect of an offence
alleged to have been committed by the applicant are
pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or
a warrant for the arrest, of the applicant has been issued by a
court under any law for the time being in force or that an
order prohibiting the departure from India of the applicant
has been made by any such court;
(h) that the applicant has been repatriated and has not
reimbursed the expenditure incurred in connection with such
repatriation;
(i) that in the opinion of the Central Government the
issue of a passport or travel document to the applicant will
not be in the public interest."
(Emphasis supplied)
It is the afore-quoted provision is what is
necessary to be considered for the resolution of the
issue in the lis. It mandates that a passport or a travel
document can be denied to a holder of the passport, if
any proceeding is pending, against him before any
criminal court in India. The proceedings that are
pending against the petitioner are as afore-quoted.
Three proceedings against him and, one instituted by
him.
11. In furtherance of the afore-quoted statutory
provision, the Ministry of External Affairs had issued a
notification in Notification No.GSR570(E) on
25.08.1993, as to what must be done in cases where
there are pending cases before the criminal court,
against the holder of a passport. This is further clarified
by another Office Memorandum dated 10.10.2019, the
relevant clause of which, reads as follows:
"(vi) In case where the secondary Police verification is
also 'Adverse', it may be examined whether the details
brought out in the police report match the undertaking
submitted by the applicant. It may be noted that mere
filing of FIRs and cases under investigation do not
come under the purview of Section 6(2)(f) and that
criminal proceedings would only be considered pending
against an applicant if a case has been registered
before any Court of law and the court has taken
cognizance of the same."
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(Emphasis supplied)
The clarification is rendered by the Ministry of
External Affairs that mere filing of FIR and cases under
investigation would not come under the purview Section
6(2)(f) of the Act and the criminal proceedings would
only be considered when pending, and the concerned
Court has taken cognizance of the offence, which would
presuppose that the charge sheet has been filed by the
Officer in-charge of a police station.
12. In the light of the aforesaid clarification, in cases
where the proceedings are pending against the holders
of the passports, when they seek renewal or re-
issuance, it cannot be denied on the ground that the
proceedings are pending against those holders of the
passports only in cases, where the proceedings are at
the stage of crime, and the concerned criminal Court
has not taken cognizance of the offence. Any other
proceeding pending invoking any other law, will not
become an impediment for the Passport Authorities for
issuance / re-issuance / renewal of passport. Therefore,
it is expected of the Passport Authorities to act in
accordance with the clarification as obtaining in the
Office Memorandum dated 10.10.2019 and not deny re-
issuance / renewal of passport to those passport holders
against whom pending criminal cases are at the stage of
investigation, and the concerned Court is not yet take
cognizance, and not drive every passport holder to
knock at the doors of this Court, for redressal of their
grievance."
6. The learned Deputy Solicitor General of India
submits that the application of the petitioner stood closed on
account of non-furnishing of the details of travel by the
petitioner and would submit that if the petitioner wants a relief
even of short validity passport has to file a fresh application.
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7. In that light, the petitioner if he so desires shall file
a fresh application within two weeks from the date of receipt of
the copy of the order.
8. In the event, it is filed, the passport authority shall
issue a short validity passport in terms of the judgment
rendered by this Court quoted supra within two weeks
thereafter, if not earlier.
Ordered accordingly.
Sd/-
(M.NAGAPRASANNA)
JUDGE
JY
CT: BHK
