2025:HHC:26480 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 11127 of 2024 Decided on: 06.08.2025 Kanishk Swaroop … Petitioner Versus Union of India and others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 _____________________________________________________ For the petitioner : Mr. Sambhav Bhasin and Shruti Debey, Advocates. For the respondents : Mr. Balram Sharma, DSGI for respondents No. 1 and 3. : Mr. Anup Rattan, Advocate General with Mr. Pushpender Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:- “A. To set aside and quash letter dated 21.04.2025 (Annexure P-2) to the extent of waiving off the condition for renewing the passport "Court Permission to depart from India" B. Direct the respondent No.3 to process the petitioner's application for renewal of passport (Annexure P-4) without insisting upon "Court permission," strictly in accordance with the Passports Act, 1967 and Passports Rules, 1980, and in 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:26480 light of judicial pronouncements in Vikramaditya Singh v. UOI & Ors, CWP-9259/2025. C. Grant interim relief by directing Respondent No.3 to issue a valid passport to the Petitioner within a stipulated timeframe, subject to conditions, as deemed fit by this Hon'ble Court” 2. The grievance of the petitioner is that the Passport of the petitioner is not being renewed by the Passport Authority on account of the objections raised vide Annexure P-2, dated 21.04.2025, in terms whereof, the petitioner has been directed to seek the permission of the Court, in which, criminal case is pending against the petitioner to depart from India. 3. Learned Counsel for the petitioner has submitted that this demand of the respondents is completely unjustified in the eyes of law for the reason that the petitioner is not seeking any Visa to depart from India but he has only applied for the renewal of the Passport before its expiry and simple renewal of the Passport does not empower a citizen to depart from the country until and unless he has valid Visa. Learned Counsel further submitted that, of course, the petitioner would seek proper permission from the Court where the criminal case filed against him is pending, in case, he is intending to leave the country but presently, as he has no intention to leave the country, therefore, denial of renewal of Passport is not 3 2025:HHC:26480 sustainable in the eyes of law. 4. On the other hand, learned Deputy Solicitor General of India has submitted that there is nothing wrong in Annexure P-2 as this is a formality which the petitioner has to comply with. 5. I have heard learned Counsel for the parties and also gone through the pleadings as well as documents appended therewith. 6. It is not in dispute that the issue, subject matter of this petition, has already been decided by this Court in CWP No. 9259 of 2025, which judgment of this Court, as informed by learned Counsel for the parties, stands implemented. As this Court in the said judgment has already held that the act of non-renewal of Passport by the respondents on the ground that the applicant, who applies for renewal of the Passport has to seek the permission of the Court where the criminal case against him/her is pending, is bad in law, this writ petition is disposed of by holding that the act of non- renewal of the Passport of the petitioner by the respondents, on the basis of Annexure P-2, dated 21.04.2025, is bad in law, with direction to the Passport Officer to renew the Passport of the petitioner, in accordance with law, within a period of one month from today. However, it is clarified that as far as the travelling abroad, on the basis of the Passport which shall be renewed by the Passport Officer is concerned, that of course, would be subject to 4 2025:HHC:26480 the conditions, if any, as may be imposed by any Court upon the petitioner. Pending miscellaneous applications, if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge August 06, 2025 (narender)