Court directs reapplication for passport after setting aside denial order due to pending criminal cases

The court set aside the order denying passport issuance due to pending criminal cases and directed the petitioner to reapply with full details of the cases and permissions from trial courts. The respondent was instructed to consider the request on its merits and in compliance with the law for passport issuance. The writ petition was disposed of without costs, and the connected Miscellaneous Petition was closed.

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Issues involved:
Petitioner's request to quash the order denying passport issuance based on pending criminal cases.

Analysis:
The petitioner approached the court seeking to quash an order dated 10.02.2017 by the first respondent, which refused to consider the petitioner's request for a passport due to pending criminal cases. The petitioner, represented by a Senior Counsel, argued that despite being a significant taxpayer with substantial property holdings, the passport request was denied solely due to the pending criminal cases. The petitioner highlighted a circular stating that the pendency of criminal cases should not hinder passport issuance.

The first respondent, through its counsel, presented a memo dated 10.09.2018, requesting the petitioner to provide an undertaking-affidavit detailing all pending criminal cases as per a circular from the Ministry of External Affairs. The respondent also advised the petitioner to seek permission from the trial courts to travel abroad for passport issuance. In response, the petitioner's Senior Counsel assured readiness to provide all necessary details regarding the pending criminal cases and agreed to file applications for required permissions from the trial courts.

The court intervened, setting aside the impugned order by the first respondent. The court directed the petitioner to reapply for a passport, including full details of pending criminal cases and all permissions obtained from the trial courts. Upon such reapplication, the respondent was instructed to consider the request on its merits and in compliance with the law for passport issuance. The writ petition was disposed of with no costs, and the connected Miscellaneous Petition was closed.

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