Can people with criminal cases be denied a passport? Understand your rights from a lawyer.
Passport Rules: Even if a case is filed against you, the path to obtaining a passport isn't completely blocked. With the proper legal process and court permission, you can exercise your rights.
Passport Rules: People living in India need many documents. A passport is a crucial document. Without it, you can't travel outside India. However, obtaining one requires a set process. Normally, if a person has a pending criminal case against them, it's difficult to obtain a passport. However, a recent Supreme Court ruling explains how a person can obtain a passport if they have a pending criminal case. Learn about the entire process and learn about your rights from a lawyer.
What is the passport process for a pending case?
If your case is pending in a trial court and you wish to obtain a passport, you can seek permission from that court. Once the court grants you an NOC or permission to travel abroad, the passport authority must comply with that order. The Supreme Court clearly stated in Mahesh Kumar Agarwal vs. Union of India that a pending criminal case is not a permanent ban.
This means that if the court grants you permission to travel abroad, your application cannot be rejected solely on the grounds of a pending case. Many people do not apply due to lack of information, even though they have legal options available. Therefore, it is important to understand this.
What are your rights?
Supreme Court lawyer Arafat Ahmed explained that under Section 6(2)(f) of the Passport Act, the department has the authority to hold an application in the event of a pending criminal case. However, it is not correct to consider this a final decision if the relevant court grants you permission to travel abroad. Only that order will be considered effective, and the passport authority will be required to comply with it. Government guidelines also clearly state that a passport can be issued or renewed only after judicial approval.
The court may impose certain conditions, such as returning within the stipulated time or being present on the hearing date. This means that even though the case is pending, it does not take away your rights. The process is slightly different, but with proper legal advice, you can obtain your passport.
