Summary of Judgment

Case Details

Umapati v. Union of India & Others

Court: Allahabad High Court

Citation: 2024:AHC-LKO:44148-DB

Date: 25.06.2024

Coram: Justice Alok Mathur and Justice Arun Kumar Singh Deshwal

Facts

1. The petitioner applied for a passport on 20.01.2022.
2. Police verification revealed two pending criminal cases:
3. Case Crime No. 164/2018 (Sections 323, 504, 506 IPC)
4. Case Crime No. 585/2021 (Sections 323, 504, 506, 427, 336 IPC)
5. Despite the application remaining pending for more than two years, the Passport Authority did not pass any order granting or refusing the passport.

Issue

Whether the Passport Authority can indefinitely keep a passport application pending merely because criminal cases are pending against the applicant?

Findings of the Court

1. Passport Authority Must Decide the Application

The Court held that under Section 5(2) of the Passports Act, the Passport Authority is legally bound to:

1. Conduct necessary inquiry.
2. Pass a written order.
3. Either issue the passport or refuse it by assigning reasons.

The authority cannot simply keep the application pending.

2. Pendency of Criminal Cases Does Not Permit Inaction

The Court observed that Section 6 of the Passports Act specifies the grounds on which a passport may be refused.

If the Passport Authority believes that Section 6(2)(f) or any other clause applies, it must pass a formal order of refusal.

It cannot avoid taking a decision merely because criminal proceedings are pending.

3. Prior Permission of Criminal Court Not Required for Issuance of Passport

A significant finding of the Court is:

There is no provision in the Passports Act requiring prior permission from the criminal court merely for issuance of a passport.

The Court rejected the submission of the Union of India that the petitioner must first obtain permission from the criminal court before the Passport Authority could act.

4. Office Memorandum Dated 10.10.2019 Supports the Petitioner

The Court referred to the Government of India Office Memorandum dated 10.10.2019 and held that it also requires the Passport Authority to take a written decision after inquiry.

The O.M. does not require prior court permission before deciding a passport application.

Final Directions

The High Court directed the Passport Authority:

1. To consider the petitioner's passport application.
2. To pass an order strictly in accordance with Sections 5 and 6 of the Passports Act.
3. To complete the exercise within four weeks.