State v. Vijay Kumar and Others), arising out of Case Crime no

learned counsel in support of his contention has placed reliance upon the judgment of the Hon'ble Apex Court as well as this Court.

5. Per contra, learned AGA has opposed the submissions advanced by the learned counsel for the applicant and stated that in case No Objection Certificate is issued by the trial court, the applicant may flee to abroad.

6. Having heard learned counsel for the parties, this Court finds that the core issue engaging the attention of the Court is whether there is any requirement under the Passports Act, 1967 for an under trial to obtain permission/NOC from the court where the trial is pending for going abroad and for issuance of passport or for its renewal.

7. Section 3 of the Passports Act, 1967 invariably says that no person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document. Section 5 of the Passport Act, 1967 relates to filing of application for passports, travel document etc., wherein the Passport Authority is empowered to issue and/or refuse passport as per the terms of the said provision. However, Section 6 of the Passport Act, 1967 relates to provisions for specific refusal of Passport, travel documents etc., wherein various conditions for refusal have been enumerated therein. Section 6 of the Passports Act, 1967 which specifically 3 NA528 No. 45662 of 2025 entails refusal of passport, travel documents etc., is as under :- "Refusal of passports, travel documents, etc.- (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:- (a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India; (b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India; (c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country; (d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest. (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:- (a) that the applicant is not a citizen of India; (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India; (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; 4 NA528 No. 45662 of 2025 (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving turpitude and sentenced in respect thereof imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest."

8. Since this Court is dealing with the issue relating to issuance of Passport during the pendency of proceeding before a criminal court in India, the relevant provision for consideration would be Section 6 (2) (f) of the Passports Act, 1967, which, in categorical terms mandates the Passport Authority to refuse to issue a Passport or travel document for visiting any foreign country under Clause (c) of sub-section (2) of Section 5 on the ground that the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. The word shall used in Section 6 (2) of the Passports Act, 1967 indicates a mandatory or binding nature of the provision and does not give any room for discretion. Section 6 (2) (f) is a reasonable restriction imposed by law within the framework of Article 19 (f) of the Constitution of India and debars issuance of passport where proceedings in respect of an offence alleged to have been committed by the applicant is pending before a criminal court in 5 NA528 No. 45662 of 2025 India.

9. Section 22 of the Passports Act, 1967 is an exception carved out from the restrictions imposed by the Act itself. It reads as under :- "22. Power to exempt.- Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,- (a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions."

10. The aforesaid Section 22 confers on the Central Government the power to exempt where it is of the opinion that it is necessary or expedient in the public interest to do so, by Notification in the Official Gazette. Such exemption by Notification includes exemption of any person or class of persons from the operation of all or any of the provisions of the Act or the Rules made thereunder. It is in this regard, so as to provide such exemption, the Central Government exercising powers conferred under Section 22 of the Passports Act, 1967, has published Official Gazette notification [GSR 570 (E) dated 25.08.1993]. For the sake of reference relevant portion of Official Gazette [GSR 570 (E) dated 25.08.1993] is extracted hereunder :- "MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 25th August, 1993 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 6 NA528 No. 45662 of 2025 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 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 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; (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 exeeding one year, and does not specify the validity of the pass-port, 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 7 NA528 No. 45662 of 2025 issued. [No.VI|401|37|79] Sd/- L.K. Ponappa, Jt. Secy, (CPV)" (emphasis supplied)

11. In view thereof, it can be safely deduced that the provision of Section 6 (2) (f) of the Passports Act, 1967 does not impose an absolute bar on the issuance of passports to individuals against whom criminal proceedings are pending, as, in that regard Section 22 of the Passports Act, 1967 provides power to the Central Government for grant of exemptions from the application of all or any provisions of the Passport Act, 1967, which has been exercised by issue of notification dated 25.08.1993.

12. This Court finds that under Official Gazette Notification GSR 570 (E) dated 25.08.1993, the Central Government has exempted individuals facing pending criminal proceedings from the restrictions imposed under Section 6 (2) (f) of the Act, 1967, provided they obtain order from the concerned Court permitting them to depart from India. Further, in case the concerned Court grants permission, then a passport may be issued for the duration specified in the order. In case, no period is mentioned, then, the passport shall be issued for a maximum of one year. In the absence of Courts order permitting to depart from India, the restriction under Section 6 (2) (f) of 1967 Act remains in force which prevents issuance or renewal of the Passport.

13. The aforesaid notification under Section 22 of the Act, 1967 has statutory backing and force. The requirement of obtaining permission or NOC for an under-trial to go abroad, is a statutory requirement under the Passports Act, 1967.

14. As to the period for which the passport can be issued, it is easily discernible from the aforesaid notification that in case of sub-clause (i), (iii) and (iv) of Clause (a), the Court not only grants permission to the under-trial to depart from India, but specifies a period therefor, in which case the Passport Authority is bound to issue the passport for that said period as 8 NA528 No. 45662 of 2025 granted by the Court or in case the period of travel is less than one year as per sub-clause (iii) of Clause (a) for a period of one year.

15. It is seen that the Central Government has deliberately left the period for issuance of Passport to the discretion of the trial Court. However, if the Court chooses to grant permission to the applicant to depart from India but abstains from specifying the period therefor, i.e., the trial Court refuses to exercise its discretion in the first instance as aforesaid, then the power of determining the period reverts back to the residuary authority of the Central Government, which is conferred on the Central Government in the first place by the source of its power, that is, Section 22 of the Act, 1967 and, in such a case, a reasonable period of one year has been fixed by the Central Government, which this Court finds to be in consonance with Section 22 of the parent statute that is the Passport Act, 1967 as well as Article 19 (5) of the Constitution of India, read in the context of Section 6 (2) (f) of the Passports Act, 1967.

16. While things stood thus, there had been a confusion relating to the procedure for processing of the Passport Application amongst authorities, wherein the Ministry of External Affairs published Office Memorandum, bearing No. VI/401/I/5/2019 dated 10.10.2019 prescribing guidelines/ procedure for processing applications under Section 6 (2) (f) of the Passport Act, 1967. As per the said Memorandum also, the applicant is required to submit an application/undertaking to the Passport Authorities, disclosing all pending criminal cases. If any cases are pending against the under-trial, the said under-trial shall obtain ‘No Objection Certificate’ (NOC) from the concerned Court seeking to depart India. Subsequently, Police Verification (PV) shall be conducted by the police authorities and subject to the police verification report, passport authorities may issue or reject issuance of passport by giving reasons. It may be reminded that the said Memorandum is an extension of the earlier Notification inasmuch as the said Memorandum of 2019 itself records that the provisions of GSR 570 (E) be strictly applied in all case as it being a statutory notification and forms part of the rules.

17. In the given circumstances, although Section 6 (2) (f) of the Passports Act, 1967 clearly provides that if the proceedings in respect of an alleged 9 NA528 No. 45662 of 2025 offence committed by the applicant are pending before the criminal court in India, then, it shall constitute a ground for refusal of issuance of Passport, however, by virtue of the beneficial statutory notification of GSR 570 (E) (dated 25th August, 1993) read along with the Office Memorandum dated

10.10.2019, the applicant on submission of No Objection Certificate from the Court where the proceedings are pending, shall be exempted from the operation of Section 6 (2) (f) of the Passports Act, 1967 and he/she would be entitled to go abroad and for this NOC issuance/renewal of the passport is implicit.

18. A plain reading of the provisions of Passports Act, 1967 and the beneficial Notification issued in terms of Section 22 of the Act, 1967 leads to the sole logical conclusion that in all cases wherein criminal proceedings are pending and have been denied the issuance of passport by the operation of Section 6 (2) (f) of the Passports Act, 1967, the under-trial, as a condition precedent has to first seek permission or NOC from the court concerned, wherein the trial is pending, to travel abroad or depart, for which essentially a passport is required and then only as a condition subsequent apply to the passport authority for issuance of the passport for a particular period as mentioned in the permission order itself or for the period as mentioned in GSR 570(E) dated 25th of August, 1993.

19. After considering the arguments as advanced by the learned counsel for the parties as well as after perusal on records, this Court find that under Article 19(1)(d) and Article 21 of the Constitution of India the citizen of the country are entitled for passport. In the case of Maneka Gandhi vs. Union of India reported in AIR 1978 SC 597, the Hon'ble Apex Court has held that having passport is a fundamental right of the citizens of India and citizens cannot be deprived of such fundamental right.

20. Thus, this court is of the view that the learned trial court had completely ignored the notification dated 25.08.1993 issued by the Ministry of External Affairs, Government of India, New Delhi (referred above) while passing the impugned order and had rejected the application of the applicant for grant of permission/NOC for re-issuance of passport.

21. Therefore, the impugned order dated 05.05.2025 is not sustainable in 10 NA528 No. 45662 of 2025 the eye of law, and the same is liable to be quashed. Accordingly, it is quashed.

22. The application under Section 528 BNSS stands allowed.

23. The application of the applicant shall stand revived and the matter is remitted back to the trial court for taking fresh decision on the application of the applicant within a period of three weeks from the date of production of a certified copy of this order in the light of the observations made hereinabove as well as in the light of the judgment passed by the Hon'ble Apex Court in the case of Maneka Gandhi (supra). December 3, 2025 Nitendra (Vivek Kumar Singh,J.)

learned counsel in support of his contention has placed reliance upon the judgment of the Hon'ble Apex Court as well as this Court.

5. Per contra, learned AGA has opposed the submissions advanced by the learned counsel for the applicant and stated that in case No Objection Certificate is issued by the trial court, the applicant may flee to abroad.

6. Having heard learned counsel for the parties, this Court finds that the core issue engaging the attention of the Court is whether there is any requirement under the Passports Act, 1967 for an under trial to obtain permission/NOC from the court where the trial is pending for going abroad and for issuance of passport or for its renewal.

7. Section 3 of the Passports Act, 1967 invariably says that no person shall depart from, or attempt to depart from, India unless he holds in this behalf a valid passport or travel document. Section 5 of the Passport Act, 1967 relates to filing of application for passports, travel document etc., wherein the Passport Authority is empowered to issue and/or refuse passport as per the terms of the said provision. However, Section 6 of the Passport Act, 1967 relates to provisions for specific refusal of Passport, travel documents etc., wherein various conditions for refusal have been enumerated therein. Section 6 of the Passports Act, 1967 which specifically 3 NA528 No. 45662 of 2025 entails refusal of passport, travel documents etc., is as under :- "Refusal of passports, travel documents, etc.- (1) Subject to the other provisions of this Act, the passport authority shall refuse to make an endorsement for visiting any foreign country under clause (b) or clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:- (a) that the applicant may, or is likely to, engage in such country in activities prejudicial to the sovereignty and integrity of India; (b) that the presence of the applicant in such country may, or is likely to, be detrimental to the security of India; (c) that the presence of the applicant in such country may, or is likely to, prejudice the friendly relations of India with that or any other country; (d) that in the opinion of the Central Government the presence of the applicant in such country is not in the public interest. (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:- (a) that the applicant is not a citizen of India; (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India; (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; 4 NA528 No. 45662 of 2025 (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving turpitude and sentenced in respect thereof imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest."

8. Since this Court is dealing with the issue relating to issuance of Passport during the pendency of proceeding before a criminal court in India, the relevant provision for consideration would be Section 6 (2) (f) of the Passports Act, 1967, which, in categorical terms mandates the Passport Authority to refuse to issue a Passport or travel document for visiting any foreign country under Clause (c) of sub-section (2) of Section 5 on the ground that the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. The word shall used in Section 6 (2) of the Passports Act, 1967 indicates a mandatory or binding nature of the provision and does not give any room for discretion. Section 6 (2) (f) is a reasonable restriction imposed by law within the framework of Article 19 (f) of the Constitution of India and debars issuance of passport where proceedings in respect of an offence alleged to have been committed by the applicant is pending before a criminal court in 5 NA528 No. 45662 of 2025 India.

9. Section 22 of the Passports Act, 1967 is an exception carved out from the restrictions imposed by the Act itself. It reads as under :- "22. Power to exempt.- Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,- (a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; and (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions."

10. The aforesaid Section 22 confers on the Central Government the power to exempt where it is of the opinion that it is necessary or expedient in the public interest to do so, by Notification in the Official Gazette. Such exemption by Notification includes exemption of any person or class of persons from the operation of all or any of the provisions of the Act or the Rules made thereunder. It is in this regard, so as to provide such exemption, the Central Government exercising powers conferred under Section 22 of the Passports Act, 1967, has published Official Gazette notification [GSR 570 (E) dated 25.08.1993]. For the sake of reference relevant portion of Official Gazette [GSR 570 (E) dated 25.08.1993] is extracted hereunder :- "MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION New Delhi, the 25th August, 1993 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 6 NA528 No. 45662 of 2025 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 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 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; (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 exeeding one year, and does not specify the validity of the pass-port, 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 7 NA528 No. 45662 of 2025 issued. [No.VI|401|37|79] Sd/- L.K. Ponappa, Jt. Secy, (CPV)" (emphasis supplied)

11. In view thereof, it can be safely deduced that the provision of Section 6 (2) (f) of the Passports Act, 1967 does not impose an absolute bar on the issuance of passports to individuals against whom criminal proceedings are pending, as, in that regard Section 22 of the Passports Act, 1967 provides power to the Central Government for grant of exemptions from the application of all or any provisions of the Passport Act, 1967, which has been exercised by issue of notification dated 25.08.1993.

12. This Court finds that under Official Gazette Notification GSR 570 (E) dated 25.08.1993, the Central Government has exempted individuals facing pending criminal proceedings from the restrictions imposed under Section 6 (2) (f) of the Act, 1967, provided they obtain order from the concerned Court permitting them to depart from India. Further, in case the concerned Court grants permission, then a passport may be issued for the duration specified in the order. In case, no period is mentioned, then, the passport shall be issued for a maximum of one year. In the absence of Courts order permitting to depart from India, the restriction under Section 6 (2) (f) of 1967 Act remains in force which prevents issuance or renewal of the Passport.

13. The aforesaid notification under Section 22 of the Act, 1967 has statutory backing and force. The requirement of obtaining permission or NOC for an under-trial to go abroad, is a statutory requirement under the Passports Act, 1967.

14. As to the period for which the passport can be issued, it is easily discernible from the aforesaid notification that in case of sub-clause (i), (iii) and (iv) of Clause (a), the Court not only grants permission to the under-trial to depart from India, but specifies a period therefor, in which case the Passport Authority is bound to issue the passport for that said period as 8 NA528 No. 45662 of 2025 granted by the Court or in case the period of travel is less than one year as per sub-clause (iii) of Clause (a) for a period of one year.

15. It is seen that the Central Government has deliberately left the period for issuance of Passport to the discretion of the trial Court. However, if the Court chooses to grant permission to the applicant to depart from India but abstains from specifying the period therefor, i.e., the trial Court refuses to exercise its discretion in the first instance as aforesaid, then the power of determining the period reverts back to the residuary authority of the Central Government, which is conferred on the Central Government in the first place by the source of its power, that is, Section 22 of the Act, 1967 and, in such a case, a reasonable period of one year has been fixed by the Central Government, which this Court finds to be in consonance with Section 22 of the parent statute that is the Passport Act, 1967 as well as Article 19 (5) of the Constitution of India, read in the context of Section 6 (2) (f) of the Passports Act, 1967.

16. While things stood thus, there had been a confusion relating to the procedure for processing of the Passport Application amongst authorities, wherein the Ministry of External Affairs published Office Memorandum, bearing No. VI/401/I/5/2019 dated 10.10.2019 prescribing guidelines/ procedure for processing applications under Section 6 (2) (f) of the Passport Act, 1967. As per the said Memorandum also, the applicant is required to submit an application/undertaking to the Passport Authorities, disclosing all pending criminal cases. If any cases are pending against the under-trial, the said under-trial shall obtain ‘No Objection Certificate’ (NOC) from the concerned Court seeking to depart India. Subsequently, Police Verification (PV) shall be conducted by the police authorities and subject to the police verification report, passport authorities may issue or reject issuance of passport by giving reasons. It may be reminded that the said Memorandum is an extension of the earlier Notification inasmuch as the said Memorandum of 2019 itself records that the provisions of GSR 570 (E) be strictly applied in all case as it being a statutory notification and forms part of the rules.

17. In the given circumstances, although Section 6 (2) (f) of the Passports Act, 1967 clearly provides that if the proceedings in respect of an alleged 9 NA528 No. 45662 of 2025 offence committed by the applicant are pending before the criminal court in India, then, it shall constitute a ground for refusal of issuance of Passport, however, by virtue of the beneficial statutory notification of GSR 570 (E) (dated 25th August, 1993) read along with the Office Memorandum dated

10.10.2019, the applicant on submission of No Objection Certificate from the Court where the proceedings are pending, shall be exempted from the operation of Section 6 (2) (f) of the Passports Act, 1967 and he/she would be entitled to go abroad and for this NOC issuance/renewal of the passport is implicit.

18. A plain reading of the provisions of Passports Act, 1967 and the beneficial Notification issued in terms of Section 22 of the Act, 1967 leads to the sole logical conclusion that in all cases wherein criminal proceedings are pending and have been denied the issuance of passport by the operation of Section 6 (2) (f) of the Passports Act, 1967, the under-trial, as a condition precedent has to first seek permission or NOC from the court concerned, wherein the trial is pending, to travel abroad or depart, for which essentially a passport is required and then only as a condition subsequent apply to the passport authority for issuance of the passport for a particular period as mentioned in the permission order itself or for the period as mentioned in GSR 570(E) dated 25th of August, 1993.

19. After considering the arguments as advanced by the learned counsel for the parties as well as after perusal on records, this Court find that under Article 19(1)(d) and Article 21 of the Constitution of India the citizen of the country are entitled for passport. In the case of Maneka Gandhi vs. Union of India reported in AIR 1978 SC 597, the Hon'ble Apex Court has held that having passport is a fundamental right of the citizens of India and citizens cannot be deprived of such fundamental right.

20. Thus, this court is of the view that the learned trial court had completely ignored the notification dated 25.08.1993 issued by the Ministry of External Affairs, Government of India, New Delhi (referred above) while passing the impugned order and had rejected the application of the applicant for grant of permission/NOC for re-issuance of passport.

21. Therefore, the impugned order dated 05.05.2025 is not sustainable in 10 NA528 No. 45662 of 2025 the eye of law, and the same is liable to be quashed. Accordingly, it is quashed.

22. The application under Section 528 BNSS stands allowed.

23. The application of the applicant shall stand revived and the matter is remitted back to the trial court for taking fresh decision on the application of the applicant within a period of three weeks from the date of production of a certified copy of this order in the light of the observations made hereinabove as well as in the light of the judgment passed by the Hon'ble Apex Court in the case of Maneka Gandhi (supra). December 3, 2025 Nitendra (Vivek Kumar Singh,J.)