Writ Petition No. 18041 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18041 OF 2025 (GM-PASS) BETWEEN: MR. GANESH SUNDER NAYAK, S/O. LATE MR. SUNDER SARALAY NAYAK, AGED ABOUT 54 YEARS OLD, RESIDING AT SRI. LAXMI GANESH, NO.2-123F (4), KUMPALA KOTEKAR POST, MANGALURU - 575 022, REPRESENTED BY POA HOLDER MRS. ANJALI JOSE GANESH NAYAK. (BY SRI. H.N. NARENDRA DEV, ADVOCATE) …PETITIONER Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA AND: 1. UNION OF INDIA REPRESENTED BY GENERAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, PINCODE - 110 002. 2. REGIONAL PASSPORT AUTHORITY, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE - 560 095, REPRESENTED BY ITS REGIONAL PASSPORT OFFICER. 3. PASSPORT SEVA KENDRA, NO.25/1A, PRAKASH BEEDI COMPOUND, NAVABHARATH CIRCLE, KODIABAIL, MANGALURU - 575 003, REPRESENTED BY ITS ASSISTANT PASSPORT OFFICER. - 2 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR …RESPONDENTS
Legal Reasoning
(BY SRI. ADITYA SINGH, CENTRAL GOVT. STANDING COUNSEL) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENT NO.3 TO PROMPTLY CONSIDER AND DISPOSE OF THE PETITIONERS APPLICATION FOR RE-ISSUANCE OF PASSPORT VIDE APPLICATION / FILE NO.BN4077558706925 (ANNEXURE P), WITHIN SUCH TIME AS STIPULATED BY THIS HONBLE COURT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The memo filed by learned Central Government Counsel Mr. Aditya Singh is taken on record. 2. The Petitioner has sought for issuance of a Writ of Mandamus to direct Respondent No.3 to promptly consider the application for re-issuance of passport as per Application No. BN4077558706925. 3. It is the case of the Petitioner that PCR No.796/2016, later converted to CC No.297/2019 and PCR No.889/2016, later converted to CC No.298/2019 have been field against him which are pending. In the interregnum, in light of validity of the passport due to Page Nos.2 to 8 are re-typed and replaced vide Court order dated 07.07.2025. - 3 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR expire on 12.01.2026, Petitioner has sought for reissue of passport. 4. It is further submitted that the status of the passport application is shown as "pending consideration " and upon enquiry Petitioner has reliably learnt that reason for the delay appears to have been the proceedings pending against him. 5. Learned CGC appearing for the Respondent - Union of India Mr. Aditya Singh submits that the only option for the Petitioner is to follow the procedure as provided under Notification No.570(E) which is dated 25.08.1993. Taking note of the power conferred under the GSR No.570(E), the power of exemption of operation of Clause (f) of subsection 2 of Section 6 of Passports Act, 1967 is provided for subject to the order of the Court where proceedings are pending as provided for under Para 5(i) and (ii) of the Office Memorandum dated 10.10.2019 reads as follows: - 4 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR "(i) The provisions of GSR 570(E) may be strictly applied in all cases. GSR 570(E) is a statutory notification and hence forms part of the Rules. It is to be noted that as per Section 5(2) of the Passports Act, 1967, the passport authority shall by order in writing take a decision whether to issue or refuse a passport, after making such inquiry, if any, as it may consider necessary. Moreover, Section 7 of the Passports Act, provides that a passport or travel document may be issued for a shorter period than the prescribed period if the passport authority, for reasons to be communicated in writing to the applicant, considers in any case that the passport or travel document should be issued for a shorter period. Rule 12 of the Passport Rules, 1980 only states that an ordinary passport shall be in force for a period of 10 years which implies that an ordinary passport cannot be issued beyond a period of 10 years. (ii) Whenever an applicant is submitting a 'No Objection Certificate' (NOC) from a Court of law in India, the applicant should be advised that undertaking as per GSR 570(E) should be complete in all respects and should mention all the the pending applicant. The undertaking will have a note clearly stating that if any false or incomplete information is submitted by an applicant, then his passport application is liable to be rejected." cases against criminal The relevant extract of GSR 570(E) dated 25.08.1993 of AID Memo is reproduced as below: - 5 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR "G.S.R. 570(E). In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs no. G.S.R.298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:- (a) the passport to the issued to every such citizen shall be issued- (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year, - 6 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of a(ii) and a(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of a(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued." - 7 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR 6. Accordingly, the Petition itself could be disposed of directing the Petitioner to approach the Courts in which proceedings are pending and obtain suitable orders as contemplated under GSR No.570(E) as extracted above.
Decision
7. Accordingly, Petition is disposed off. 8. The submission of learned counsel for the Petitioner that as regards both the criminal proceedings referred to above, matters have been stayed by orders of this Court in appropriate proceedings, it is necessary to clarify that stay of proceedings in Crl.P.No.5493/2019 and Crl.P.No.5997/2019 will not come in the way of the trial Court from considering the application of the Petitioner in terms of GSR No.570(E). 9. The submission of learned counsel for Petitioner that trial Court may expedite and pass necessary orders before 1st week of August, is taken note of. If the application is filed before the trial Court seeking for appropriate orders, same may be expedited taking note - 8 - NC: 2025:KHC:22683 WP No. 18041 of 2025 HC-KAR that the Petitioner's current passport stated to be expiring on 12.01.2026. Sd/- (S SUNIL DUTT YADAV) JUDGE BSV List No.: 1 Sl No.: 15/CT: BHK