"Passport Renewal Cannot Be Denied Due to Pending Criminal Appeal: Passport Authority Directed to Renew"

Section 6(2)(f) of the Passports Act, 1967, has been considered on several occasions by the Hon’ble Apex Court and High Courts. (i) The Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation (1) Crl.Appeal No.1342/2017 dated 27.09.2021 held that, the Passport authority cannot refuse renewal of the Passport on the ground of pendency of a criminal appeal and directed the Passport authority to renew the Passport. (ii) The learned single Judge of the Madras High Court in Ahamed Fahath v. The Regional Passport Officer (2) W.P.No.20058 of 2020 dated 04.02.2021 held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular Passport to the petitioners and that it is only after cognizance is taken by an appropriate Court, it can be held that criminal proceedings have commenced and issuance or renewal of the passport would depend on no objection being given by the concerned Court. (iii) The Apex Court in the judgment reported in Sumit Mehta v. State of NCT of Delhi (3) (2013) 15 SCC 570 = 2014 (2) ALT 18.1 (DN SC) observed at para 13 as under: “The law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India.”