Introduction:

In a significant ruling, the Karnataka High Court held that passport authorities cannot deny re-issuance or renewal of passports to individuals with pending criminal cases at the investigation stage, where the court has not taken cognizance. The court emphasized adherence to the Ministry of External Affairs’ clarification, ensuring that passport holders are not unduly hindered by filing of FIRs or cases under investigation.

Arguments:

The petitioner, Sharath Chandrasekhar, sought passport renewal, facing resistance due to three pending proceedings in Lucknow. The Central Government contended that passport issuance was barred as criminal proceedings were pending. The petitioner relied on the Ministry’s clarification, arguing that denial should occur only when a court takes cognizance, not during the investigation stage.

Court’s Judgment:

Referring to Section 6(2)(f) of the Passport Act, the court acknowledged the Ministry’s clarification, stating that mere filing of FIRs or investigations doesn’t trigger passport denial. It emphasized that denial hinges on court cognizance, implying a charge sheet filing. The court directed passport authorities to adhere to the Ministry’s guidelines and consider the petitioner’s application within two weeks.