The Telangana High Court has reaffirmed that the renewal of a passport cannot be denied solely on the basis of pending criminal proceedings against the applicant. Justice Surepalli Nanda clarified that if an applicant is required to obtain a No Objection Certificate (NOC) from a Magistrate as per a 1993 Central Gazette Notification, and the Magistrate issues the NOC without specifying the renewal duration, the renewal must be granted for a minimum of 10 years, in accordance with the Passport Act and Rules.
The case involved a petitioner challenging the Regional Passport Officer’s decision to reject his passport renewal application due to pending criminal proceedings. The 1993 Gazette Notification mandated an NOC from the Magistrate for passport renewal in such cases, with a default renewal duration of one year if the Magistrate did not specify otherwise.
Justice Surepalli Nanda, while citing the Narendra K. Ambwani v. Union judgment, emphasized that if a Magistrate does not specify a renewal duration in the NOC, the Passport Authorities must renew the passport for at least 10 years, as per the Passport Act and Rules.
The court allowed the petitioner’s writ petition and directed him to: (i) submit an application to the trial court undertaking not to leave the country without prior permission, (ii) obtain a certified copy of the application from the court, (iii) submit the application along with the certified copy, and (iv) submit the renewed passport to the court upon renewal. The petitioner was permitted to seek permission to travel abroad.
WP 2802 of 2024.
Petitioner’s Counsel: S. Nagesh Reddy assisted by Mohd. Nazeeruddin Khan.
Respondents’ Counsel: A.S. Vasudevan.