'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court
1 month, 1 week ago

'Applicant Cannot Be Denied Passport Merely Due To Criminal Antecedents Of Family Members': J&K High Court

Live Law  

The Jammu and Kashmir High Court held that the criminal family background cannot be used as a reason to deny a passport to the one applying for it. The court observed that there is no reason to not recommend the case of the petitioner for the issuance of a passport, just because of the involvement of his brother in militancy activities in the year 2011, when he was killed, and the listing of his father as an OGW for the grant of a passport in his favor. The basis for not recommending the case of the petitioner for the issuance of a passport does not have any reasonable relation or nexus with the activities of the petitioner, as the same does not even remotely connect the petitioner with any activity which could be termed as prejudicial to the security, sovereignty, and integrity of the State or the Country." The court directed the respondent to re-submit the report, uninfluenced by the conduct or activities of the petitioner's brother as well as his father, to the Regional Passport Officer within four weeks, who shall consider the case of the petitioner on the report and pass an appropriate order in favor of the petitioner within two weeks thereafter.

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History of this topic

No reason not to issue passport because brother a militant, father an overground worker: J&K High Court
1 month, 1 week ago

No reason not to issue passport because brother a militant, father an overground worker: J&K High Court

The Hindu  

The Jammu and Kashmir High Court on Wednesday directed the Criminal Investigation Department and the Regional Passport Officer to consider issuing a passport based on “uninfluenced report” in favour of a local, after he was denied the same because his brother is a slain militant and the father an overground worker. The court directed the Additional Director General of Police, …

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court
1 month, 3 weeks ago

Person Guilty Of Offence Involving Moral Turpitude Can't Be Denied Passport If He Was Convicted More Than 5 Yrs Ago: Kerala High Court

Live Law  

The Kerala High Court has held that as per Section 6 of the Passports Act of 1967, passport authority cannot refuse passport to a person held guilty of offence involving moral turpitude, if he has not been convicted within five years preceding the date of filing the passport application. The Court noted that as per Section 6 of the Passports …

[Custody Battle] Father's Consent For Renewing Child's Passport Not Required If Mother Files Declaration As Per Passport Rules: MP High Court
2 months, 1 week ago

[Custody Battle] Father's Consent For Renewing Child's Passport Not Required If Mother Files Declaration As Per Passport Rules: MP High Court

Live Law  

The Jabalpur Bench of Madhya Pradesh High Court directed that the Regional Passport Office, Bhopal to renew the passports of the minor daughters of actor Nitish Bharadwaj while holding that the passport of minor children can be renewed without father's consent if there is no prohibitory order from any competent court. The form of Annexure-C declaring that there is an …

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case
2 months, 3 weeks ago

Gujarat High Court Directs Passport Authority To Decide Renewal Plea Of Congress MLA Vimal Chudasama Convicted In Rioting Case

Live Law  

The Gujarat High Court has directed the Passport Authority to decide the plea of Congress MLA Vimal Chudasama–who has court case pending–for renewal of passport, in view of Ministry of External Affairs's notification which permits Indian citizens–against whom criminal proceedings are pending in court–to travel abroad if they present a court order. Section 6 states that passport authority can refuse …

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC
3 months, 2 weeks ago

Courts Must Be Liberal In Giving NOC For Issuance Of Passport When Applicant Is Accused Of Matrimonial/Trivial Offence: Kerala HC

Live Law  

The Kerala High Court has said that Courts have to be liberal while considering issuing a No Objection of Certificate for passports when the case pending against the applicant is a matrimonial issue or a trivial/ simple offence.In doing so the court said that if a liberal approach is not adopted in such cases, the applicant's right to go abroad …

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court
4 months ago

Criminal Antecedents Of Family Members Can't Be Taken Into Account To Assess Applicant's Character For Issuing Passport: MP High Court

Live Law  

In a recent ruling, the Indore Bench of Madhya Pradesh High Court held that criminal antecedents of family members cannot be taken into account in assessing applicant's character and application for the issuance of passport. The single-judge bench of Justice Subodh Abhyankar observed, “…the impugned order cannot be sustained in the eyes of law as the petitioner also enjoys all …

Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court
7 months, 3 weeks ago

Courts Can't Order Accused To Deposit Passport On "Unfounded Apprehensions" That He May Flee, Violates Fundamental Rights: AP High Court

Live Law  

The Andhra Pradesh High Court has overturned a lower court's order to retain the passport of a former airline employee, facing criminal charges. During the proceedings, the petitioner's counsel argued that the lower court's order to retain the passport violated the petitioner's fundamental rights under Articles 19 and 21 of the Constitution, which guarantee freedom of movement and the right …

J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs Guidelines
1 year, 2 months ago

J&K HC Allows Minors Plea For Passport Rectification Upon Attaining Majority, Directs Adherence To Ministry of External Affairs Guidelines

Live Law  

Allowing a plea seeking directions to effect changes in the date of birth in the passport the Jammu and Kashmir and Ladakh High Court has emphasized that an applicant seeking a change in the date of birth in their passport must do so within a reasonable time, specifically within five years from the date of the passport's issuance, with certain …

Right To Personal Liberty Includes Not Only Right To Travel Abroad, But Also To Possess Passport: Telangana High Court
1 year, 3 months ago

Right To Personal Liberty Includes Not Only Right To Travel Abroad, But Also To Possess Passport: Telangana High Court

Live Law  

The Telangana High Court has held that passport authorities cannot reject a person's application for passport renewal, on the ground that there is a pending criminal case against him. “This Court opines that pendency of criminal case against the petitioner cannot be a ground to deny renewal of passport to the petitioner and the right to personal liberty would include …

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered
1 year, 3 months ago

Karnataka High Court Rejects Plea For Passport Renewal By Man Accused In Mother's Death, Says Short-Validity Passport Application May Be Considered

Live Law  

The Karnataka High Court has upheld a decision of the passport authority rejecting the issuance of a regular passport, to an accused charged with offences of murder and criminal conspiracy in the death of his mother. The impugned acknowledgement rejecting issuance of regular passport stands sustained.” The Court however permitted the petitioner to apply for a short-validity passport and for …

Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court
1 year, 4 months ago

Investigating Agencies May Seize Passport But Not Impound It: Jammu & Kashmir High Court

Live Law  

Distinguishing between the powers of the police and the Passport Authority with regard to the seizing and impounding of passports, the Jammu and Kashmir and Ladakh High Court has clarified that while the police may seize a passport under Section 102 of the CrPC, the impounding can only be done by the Passport Authority under Section 10 of the Passports …

Corrections Can Be Made In Passports Of Such Applicants Who Were Minor When Passport With Incorrect DoB Was Issued: Patna High Court
2 years, 1 month ago

Corrections Can Be Made In Passports Of Such Applicants Who Were Minor When Passport With Incorrect DoB Was Issued: Patna High Court

Live Law  

The Patna High Court on Tuesday directed the Regional Passport Office to consider the application of a girl for issuance of fresh passport and correct her date of birth on the basis of the Matriculation certificate issued by CBSE, who was minor at the time of recording of date of birth during the issuance of previous passport. VI/402/02/01/2016 dated 08.02.2017, …

‘She Is For All Practical Purposes A Stateless Person’: Madras HC Directs Centre To Consider Issuing Indian Passport To Sri Lankan Refugees’ Daughter
2 years, 1 month ago

‘She Is For All Practical Purposes A Stateless Person’: Madras HC Directs Centre To Consider Issuing Indian Passport To Sri Lankan Refugees’ Daughter

Live Law  

The Madurai Bench of Madras High Court on Monday directed the Central Government to consider issuing a passport to a woman, whose parents had escaped to India to save themselves from persecution.Justice G. R. Swaminathan, noting that the process of applying for Indian Citizenship by naturalization under Section 6 of the Citizenship Act may not afford immediate relief, permitted the …

Issue passport to PDP chief Mehbooba Mufti’s mother: Jammu and Kashmir High Court
2 years, 2 months ago

Issue passport to PDP chief Mehbooba Mufti’s mother: Jammu and Kashmir High Court

The Hindu  

The Jammu and Kashmir High Court has directed the passport office “to consider re-issuance of passport afresh” to former J&K Chief Minister Mehbooba Mufti’s mother, and slammed the passport officer who rejected her passport renewal application for acting “as the mouthpiece of the CID”. Justice Chowdhary held that, in such a situation, without going into the PVR, refusal on part …

Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court
2 years, 3 months ago

Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for the issuance of a passport if they had not been investigated into.The bench of Justice Siddhartha Varma and Justice Ajit Singh observed thus while hearing a writ plea filed by one Basoo Yadav, who …

Passport Cannot Be Denied To Child On Sole Ground That One Parent Is Non-Indian Citizen : Kerala High Court
3 years ago

Passport Cannot Be Denied To Child On Sole Ground That One Parent Is Non-Indian Citizen : Kerala High Court

Live Law  

The Kerala High Court recently ruled that even if one of the parents of a minor child refused to give consent, the passport issuing authority is entitled to issue a passport to the minor, provided the requisite form is submitted.While allowing the petition of a minor girl, Justice Bechu Kurian Thomas also observed that there is no legal prohibition in …

Renewal Of Passport Cannot Be Refused Merely On The Ground Of Pendency Of Criminal Appeal: Supreme Court
3 years, 5 months ago

Renewal Of Passport Cannot Be Refused Merely On The Ground Of Pendency Of Criminal Appeal: Supreme Court

Live Law  

The Supreme Court observed that renewal of passport cannot be refused merely on the ground of pendency of criminal appeal.The applicant was convicted for offences punishable under Sections 120-B,420, 468, 471, 477 A of the Indian Penal Code read with Section 13 read with Section 13 of the Prevention of Corruption Act, 1988. The Supreme Court observed that renewal of …

Passport and liberty
3 years, 10 months ago

Passport and liberty

The Hindu  

“L AW has reached its finest moments when it has freed men from the unlimited discretion of some ruler, some civil or military official, some bureaucrat. “If a fundamental right under Article 21 can be exercisable outside India, why can freedom of speech and expression conferred under Article 19 be not so exercisable?” Justice Douglas said in Kent vs Dulles …

Mehbooba Mufti's Plea For Issuance Of Passport- "Take Decision Uninfluenced By Single Bench Observations": J&K High Court [DB] To Passport Authority
3 years, 11 months ago

Mehbooba Mufti's Plea For Issuance Of Passport- "Take Decision Uninfluenced By Single Bench Observations": J&K High Court [DB] To Passport Authority

Live Law  

The Jammu and Kashmir High Court on Friday disposed of former Chief Minister of J&K & Peoples Democratic Party president Mehbooba Mufti's appeal directed against Single Bench ruling, dismissing her writ petition seeking directions to concerned authorities to issue a passport to her. Mehbooba Mufti's Plea For Issuance Of Passport: Jammu and Kashmir High Court disposes of her appeal against …

Renewal Of Passport Cannot Be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [Read Order]
4 years, 5 months ago

Renewal Of Passport Cannot Be Refused Because Of Criminal Case Pending Against Applicant: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has said that section 6 of the Passport Act, by which Passport Authority can refuse issuing a fresh passport to a person against whom criminal case is pending in India, will not apply in cases where the applicant is seeking renewal of his passport. The court even rejected the submission made by the Assistant Solicitor General …

Pendency Of Criminal Case Against A Passport Holder Will Not Automatically Result In Impounding Of The Passport: Allahabad HC [Read Judgment]
5 years, 6 months ago

Pendency Of Criminal Case Against A Passport Holder Will Not Automatically Result In Impounding Of The Passport: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held that mere pendency of a criminal case is not a valid reason for impounding a person's passport. Background The Petitioner, Neera Chandra, through Advocate Nipun Singh, had challenged the order passed by the Respondent, Regional Passport Officer of Ghaziabad where under her passport was impounded and a penalty was imposed. ", the bench of …

Criminal Courts Cannot Impose Condition For Surrender Of Passport While Granting Bail: Punjab & Haryana HC [Read Order]
6 years, 4 months ago

Criminal Courts Cannot Impose Condition For Surrender Of Passport While Granting Bail: Punjab & Haryana HC [Read Order]

Live Law  

The Punjab and Haryana High Court has ruled that while granting bail, criminal courts cannot place the condition for the accused to surrender their passport. Justice Daya Chaudhary asserted that while Section 104 of the Code of Criminal Procedure allows the court to impound any document or thing produced before it, the impounding of a passport can only be undertaken …

Denial of passport affects fundamental rights, says Delhi High Court
6 years, 6 months ago

Denial of passport affects fundamental rights, says Delhi High Court

The Hindu  

The Delhi High Court has held that the denial of a passport or its non-renewal affects the fundamental rights guaranteed under the Constitution while directing the government to renew immediately the passport of a man whose residential status in Canada was in jeopardy due to a delay in the process of renewal. While processing Mr. Chauhan’s application, it was found …

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]
6 years, 7 months ago

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]

Live Law  

‘If proceedings in respect of an offence alleged to have been committed by the applicant for Passport are pending before the appellate Court; the High Court in this case; that is ground enough for the Passport Officer to be compelled by the opening part of Sub-section of Section 6 of the Act to refuse issuance of such Passport.’The High Court …

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]
6 years, 7 months ago

Issuance Of Passport Can Be Refused On Ground Of Pendency Of Criminal Appeal Against Acquittal: Telangana & AP HC [Read Judgment]

Live Law  

‘If proceedings in respect of an offence alleged to have been committed by the applicant for Passport are pending before the appellate Court; the High Court in this case; that is ground enough for the Passport Officer to be compelled by the opening part of Sub-section of Section 6 of the Act to refuse issuance of such Passport.’The High Court …

Mere Act Of Seeking Political Asylum No Ground For Denying Passport, Not Prejudicial To Sovereignty And Integrity Of India: Delhi HC [Read Judgment]
7 years, 2 months ago

Mere Act Of Seeking Political Asylum No Ground For Denying Passport, Not Prejudicial To Sovereignty And Integrity Of India: Delhi HC [Read Judgment]

Live Law  

Can acts of individuals in visiting a foreign country on an Indian passport and then applying in that country for asylum, can be construed as “prejudicial to the sovereignty and integrity of India” result in justifiable refusal of passport to such individual under Section 6 of the Passport Act, 1967?The Delhi High Court has answered the question in negative while …

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]
7 years, 4 months ago

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to Indian citizens staying in designated Tibetan refugee settlements.The Court was hearing a Petition filed by one Tamding Dorjee, challenging the decision of the Union Ministry of External Affairs denying him a passport. The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to …

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]
7 years, 4 months ago

Cannot Deny Passport To Indian Citizens Residing In Designated Tibetan Refugee Settlements: Delhi HC [Read Order]

Live Law  

The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to Indian citizens staying in designated Tibetan refugee settlements.The Court was hearing a Petition filed by one Tamding Dorjee, challenging the decision of the Union Ministry of External Affairs denying him a passport. The Delhi High Court, on Tuesday, ruled that the Centre cannot deny passports to …

Delhi HC Miffed As Passport Office Chooses To Ignore Order On Passport To Tibetans Born In India [Read Judgment]
7 years, 6 months ago

Delhi HC Miffed As Passport Office Chooses To Ignore Order On Passport To Tibetans Born In India [Read Judgment]

Live Law  

The Delhi High Court has slapped a cost of Rs. 25,000 to be paid to a man whose passport was revoked on illusory grounds ranging from concealment of his parents' Tibetan origin to Intelligence Bureau report that he has purchased several properties with funds from the foreign government.Justice Vibhu Bakhru also pulled up the passport office for asking the petitioner …

Power To Revoke Passport Serious Restriction On Fundamental Rights: Delhi HC [Read Order]
7 years, 8 months ago

Power To Revoke Passport Serious Restriction On Fundamental Rights: Delhi HC [Read Order]

Live Law  

“In the present case, there is no whisper of any allegation or any circumstance which would indicate that it is necessary to impound/revoke the petitioner’s passport in the interests of the sovereignty and integrity of India, the security of India or friendly relations of India with any foreign country,” it said. Observing that the power to revoke or suspend passport …

Passport Can Bear Step-Father’s Name Without Judicial Declaration Of Legal Guardianship: Punjab & Haryana HC [Read Judgment]
8 years, 3 months ago

Passport Can Bear Step-Father’s Name Without Judicial Declaration Of Legal Guardianship: Punjab & Haryana HC [Read Judgment]

Live Law  

The High Court of Punjab and Haryana has held that a child’s passport can carry the step-father’s name without a declaration by the court appointing him as a legal guardian. The court ordered the authority to issue the passport bearing the step-father’s name within a month.Considering the facts of the case, Justice Rakesh Kumar Jain said: “The step-father of the …

Passport Can Bear Step-Father’s Name Without Judicial Declaration Of Legal Guardianship: Punjab & Haryana HC [Read Judgment]
8 years, 3 months ago

Passport Can Bear Step-Father’s Name Without Judicial Declaration Of Legal Guardianship: Punjab & Haryana HC [Read Judgment]

Live Law  

The High Court of Punjab and Haryana has held that a child’s passport can carry the step-father’s name without a declaration by the court appointing him as a legal guardian. The court ordered the authority to issue the passport bearing the step-father’s name within a month.Considering the facts of the case, Justice Rakesh Kumar Jain said: “The step-father of the …

Don’t insist on biological father’s name: HC to passport authorities
8 years, 7 months ago

Don’t insist on biological father’s name: HC to passport authorities

Hindustan Times  

Punjab and Haryana high court have ruled that the passport authorities cannot insist on keeping biological father’s surname in the passport, if it is proved that the parties, at the time of divorce, had agreed to keep the surname of the mother. The passport authorities had told the court that under passport manual of 2010, parent’s name cannot be deleted …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]
8 years, 10 months ago

There is no legal requirement for insisting upon the father's name of the Applicant for issuing passport; Delhi HC [Read Order]

Live Law  

Mother’s name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent, held the Court.Delhi High Court has held that for issuing passport, there is no legal requirement for insisting upon the father's name of the Applicant. Justice Manmohan has allowed the Writ …

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]
9 years, 5 months ago

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]

Live Law  

Punjab and Haryana High Court in a recent Judgment has held that merely on account of pendency of an FIR in a matrimonial dispute, a passport cannot be withheld. The High Court relied on Abhijit Sen v. Superintendent, where a Division Bench of the Calcutta High Court was concerned with a case where the Passport Authority impounded the passport under …

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]
9 years, 5 months ago

Mere Pendency of an FIR is not a ground to withheld Passport; Punjab and Haryana High Court [Read Judgment]

Live Law  

Punjab and Haryana High Court in a recent Judgment has held that merely on account of pendency of an FIR in a matrimonial dispute, a passport cannot be withheld. The High Court relied on Abhijit Sen v. Superintendent, where a Division Bench of the Calcutta High Court was concerned with a case where the Passport Authority impounded the passport under …

Bombay High Court says there is no law that prevents a wife from using surname of the husband even after divorce [Read the Judgment]
10 years, 2 months ago

Bombay High Court says there is no law that prevents a wife from using surname of the husband even after divorce [Read the Judgment]

Live Law  

Hearing a petition filed by a 67 year old lady who was divorced from her husband in 2003, the Bombay High Court has taken a view that "There is no law which prevents a wife from using her name adopted after the marriage containing the name and surname of her husband even after a decree of divorce is passed by …

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]
10 years, 8 months ago

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]

Live Law  

A Delhi High Court bench comprising of Justice Manmohan reiterated the Fundamental Right to travel abroad and have a passport issued. The petitioner was also directed to pay Rs 50,000 to the Lok Nayak Jai Prakash Narayan Hospital, observing that he has been negligent in taking care of his passport. In the recent case of Teesta Chattoraj Vs. Union of …

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]
10 years, 8 months ago

Delhi High Court reiterates Fundamental Right to travel abroad and have Passport issued [Read the Judgment]

Live Law  

A Delhi High Court bench comprising of Justice Manmohan reiterated the Fundamental Right to travel abroad and have a passport issued. The petitioner was also directed to pay Rs 50,000 to the Lok Nayak Jai Prakash Narayan Hospital, observing that he has been negligent in taking care of his passport. In the recent case of Teesta Chattoraj Vs. Union of …

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