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Neutral Citation No. - 2025:AHC:25310-DB Court No. - 29 Case :- WRIT - C No. - 4165 of 2025 Petitioner :- Mohd. Alam Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.,Om Prakash Mishra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Petitioner's application for renewal of passport is not being accorded consideration. Thus aggrieved, the petitioner is before this court.
2. Learned counsel for the respondents points out that petitioner was implicated in a case under the Uttar Pradesh Control of Goondas Act, 1970 (in short 'Goondas Act').
3. Learned counsel for the petitioner points out that proceedings under the Goondas Act were undertaken in the year 2003. It is also submitted that at the most, an order of externment could have been passed for a period of six months and that such proceedings cannot be relied upon to deny renewal of passport to the petitioner in view of the provisions contained under Section 6(2)(e) of the Passports Act, 1967 (in short 'Passport Act').
4. Learned counsel for the respondents states that an appropriate decision would be taken.
5. Denial of passport on account of criminal proceedings can only be in accordance with the Section 6(2)(e) of the Passport Act. It is only in proceedings where conviction is possible for a term of two years or above that the renewal of passport can be withheld.
6. In such circumstances, we direct the respondent no.2 to consider the petitioner's application in light of the above observations, keeping in view the provisions of Section 6(2) (e) of the Passport Act and unless there is any other material, adverse to the petitioner, his application for renewal of passport would be processed within a period of six weeks.
7. Accordingly, the petition is disposed of. Order Date :- 20.2.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad