In a recent verdict, the Allahabad High Court, Lucknow Bench, has clarified that individuals facing criminal charges need not seek prior court permission to obtain passports. The ruling came in response to a petition filed by Umapati, challenging the refusal of passport issuance due to pending criminal cases.
Justices Alok Mathur and Arun Kumar Singh Deshwal emphasized that under Section 5 of the Passports Act, the competent authority is mandated to decide on passport applications. They highlighted that unless the authority finds grounds under Section 6 of the Indian Passport Act for refusal, it must issue passports accordingly.
The court dismissed arguments from Deputy Solicitor General SB Pandey, asserting that applicants are only required to approach the competent court for permission if planning to travel abroad. It reaffirmed that no statutory provision necessitates prior court permission for passport issuance amidst ongoing criminal proceedings.
Advocate Deepak Kumar represented Umapati in the case, while Deputy Solicitor General SB Pandey appeared for the Centre. The court directed the passport authority to process Umapati’s application in compliance with the law, setting a precedent on passport issuance procedures in such scenarios.
