The Supreme Court of India has ruled that pending criminal proceedings cannot be used as a basis for indefinitely denying a passport renewal, especially when criminal courts have permitted the renewal while maintaining control over any potential foreign travel.
Supreme Court Allows Passport Renewal Despite Pending Criminal Cases
A bench comprising Justice Vikram Nath and Justice Augustine George Masih directed the Ministry of External Affairs and the Regional Passport Office, Kolkata, to reissue a passport to businessman Mahesh Kumar Agarwal for the standard ten-year period. The court was hearing an appeal filed by Agarwal.
The bench stated, “This Court has repeatedly held in a catena of judgements that the right to travel abroad and the right to hold a passport are facets of the right to personal liberty under Article 21 of the Constitution of India. Any restriction on that right must be fair, just and reasonable, and must bear a rational nexus with a legitimate purpose.” This decision overturned a previous ruling by the Calcutta High Court, which had denied Agarwal’s passport renewal due to pending criminal proceedings under the NIA Act and UAPA.
Justice Vikram Nath, writing for the bench, emphasized that liberty under Article 21 is a fundamental obligation of the State, not a gift. “The freedom of a citizen to move, to travel, to pursue livelihood and opportunity is an essential part of Article 21. Any restraint must be narrowly confined, proportionate and clearly anchored in law,” the court observed.
The Court cautioned against converting procedural safeguards into rigid barriers or allowing temporary disabilities to become indefinite exclusions.
The appellant’s passport had expired in August 2023. Both the NIA Court in Ranchi and the Delhi High Court had granted “no objection” for renewal, subject to conditions including prior court permission for foreign travel and, in the Ranchi case, re-deposit of the renewed passport.
Despite these permissions, the Passport Authority refused renewal, citing Section 6(2)(f) of the Passports Act, 1967, which allows refusal if criminal proceedings are pending. The Calcutta High Court had upheld this refusal, interpreting the law as imposing an absolute bar unless the criminal court specifically authorized a particular foreign trip.
The Supreme Court found the High Court’s approach to be incorrect, stating that the purpose of Section 6(2)(f) of the Passports Act, 1967, is to ensure the accused’s availability before the court, not to impose a permanent disability. The court held that Section 6(2)(f) is not an absolute bar and should be read in conjunction with Section 22 and exemption notification GSR 570(E).
“Both have treated Section 6(2)(f) as an absolute bar so long as any criminal proceeding is pending, without giving full effect to the statutory exemption mechanism under Section 22 and GSR 570(E), and without adequately appreciating that the criminal courts actually dealing with the appellant’s cases have consciously permitted renewal while retaining stringent control over any foreign travel,” the court observed.
The court further stated that denying renewal indefinitely, even with the criminal courts permitting it, would be a disproportionate and unreasonable restriction on liberty. It also noted that refusing renewal based on the speculative apprehension of misuse would be an overreach of the passport authority’s role.
The appeal was accordingly allowed.
Cause Title: MAHESH KUMAR AGARWAL VERSUS UNION OF INDIA & ANR.
Citation : 2025 LiveLaw (SC) 1238
Click here to download judgment
For Petitioner(s) : Mr. Gopal Subramanium, Sr. Adv. Mr. Anup Kumar, AOR Ms. Gauri Subramanium, Adv. Mrs. Shruti Singh, Adv. Mrs. Neha Jaiswal, Adv. Mr. Shivam Kumar, Adv. Mr. Abhisek Kumar, Adv. Ms. Vartika Vaishnavi, Adv. Mr. Raghav Kohli, Adv. Mr. Adnam Yousaf, Adv.
For Respondent(s) : Mrs. Aishwarya Bhati, A.S.G. Mr. Raj Bahadur Yadav, AOR Ms. Chitrangda Rastravara, Adv. Mr. Gopi Chand, Adv. Mr. Ashok Kumar B, Adv. Mr. Arun Kumar Yadav, Adv. Mr. Raghav Sharma, Adv.
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