The High Court · 1993
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15674 of 2025 Padmanava Hota @ Padmanava .… Petitioner Represented by Mr. T.K. Mishra, Advocate -Versus- Regional Passport Officer, Bhubaneswar .…
Legal Reasoning
Opp. Party Mr. P.K. Parhi, DSGI with Mr. D. Gochhayat, CGC Order No. 04. . CORAM: JUSTICE SASHIKANTA MISHRA
Decision
ORDER 27.10.2025 1. This matter is taken up through hybrid mode. 2. Mr. Gochhayat, learned CGC files counter affidavit in Court, copy of which has already been served upon Mr. Mishra, learned counsel appearing for the petitioner. The counter affidavit be kept on record. 3. The petitioner is the holder of a passport issued on 19.12.2014. Said passport expired on 18.12.2024. The petitioner sought for its renewal but the same was refused by the passport authorities as a criminal case was pending against him. The petitioner therefore, approached the concerned criminal Court seeking no objection for renewal of the passport in terms of Government of India Notification No.GSR 570(E). The concerned criminal Court by order dated 06.01.2025 allowed the prayer for grant of NOC on the following condition:- “The petitioner shall not leave the country without taking prior approval or permission of this Court”. Page 1 of 4 4. Basing on such order, his passport was renewed for a period of one year i.e., from 13.02.2025 to 12.02.2026. The petitioner’s grievance is that since the criminal case may not be disposed of within the aforesaid period, he would be required to apply to the concerned Court again for grant of NOC. The stand taken by the passport authorities is that as per the notification referred above, unless the period is specified by the Court granting NOC, the passport can be renewed only for one year. 5. Reference to the Government of India Notification No.GSR 570(E) dated 25.08.1993 makes it clear that mere pendency of a criminal case is not treated as an absolute bar for issuance/renewal of passport. The notification only makes such issuance/renewal subject to obtaining permission from the concerned criminal Court to depart from India. The notification is reproduced below for immediate reference:- MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION NEW DELHI, the 25th August 1993 it of citizens 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 suppression of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), the Central the 14th April, 1976, dated Government, being of the opinion that is necessary in public interest to do so, hereby exempts 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 Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:- (a) the passport to be issued to every such citizen shall be issued- (i) for the period specified in order of the court referred to above, if the court specifics a period for which the passport has to be issued; or Page 2 of 4 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; 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)(i) and (a)(ii) 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. [No. VI/401/37/79] L. K. PONAPPA, Jt. Secy. (CPV)” 6. Thus, the Court is empowered to specify the period for which the passport may be issued/renewed. By another office memorandum dated 10.10.2019 issued by the GOI Ministry of External Affairs, the notification No.GSR 570(E) has been reiterated and stated that the same may be strictly applied in all cases. 7. In the case of Rita Verma v. Union of India and 2 others SLP (C)No.7481/2024, the Supreme Court has also referred to the above office memorandum and directed the authorities to consider the application for renewal on the basis of office memorandum dated 10.10.2019. Page 3 of 4 8. In the instant case, as already stated, the concerned criminal Court has though granted no objection to the petitioner, yet the period up to which the said order shall remain valid has not been specified. Under such circumstances, the passport authorities cannot be faulted with for renewing the passport for only one year. 9. In view of the facts situation obtaining in the case, coupled with the relevant provisions of the Government circulars/notification referred above, the writ application is disposed of granting liberty to the petitioner to move the concerned criminal Court again to grant NOC specifying the period up to which the same shall be valid. Necessary application in this regard shall be filed by the petitioner within ten days from today justifying the period for which grant of no objection is required. The application shall be disposed of by passing a reasoned order within two weeks thereafter. Judge (Sashikanta Mishra) Puspanjali Signature Not Verified Digitally Signed Signed by: PUSPANJALI GHADAI Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 28-Oct-2025 15:09:26 Page 4 of 4