R/SCR.A/3876/2025 ORDER DATED: 03/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 3876 of 2025 ========================================================== NASIMUDDIN FAKRUDIN KAZI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR EKANT G AHUJA(5323) for the Applicant(s) No. 1 MR MANAN MEHTA, APP for the Respondent(s) No. 1 MR PRADIP D BHATE, Advocate for respondent No.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/07/2025 ORAL ORDER 1. By this writ application under Article 226 of the Constitution of India, the Petitioner has prayed for issuance of appropriate writ, order or direction seeking renewal of his passport for a period of ten years and further be pleased to direct the Passport Authority concerned to renew the passport of the petitioner. 2. Mr. Ahuja, learned counsel for the Petitioner submits that the petitioner who is senior citizen convicted in an offence and against the same, he preferred Criminal Appeal which is pending for adjudication. The petitioner had preferred an application for passport before respondent No.2 authority. and during the process, the petitioner was called upon by the authority and asked to furnish clarification due to pending proceedings of criminal appeal. The petitioner submits that, as on date, no any criminal inquiry or police investigation is pending against the petitioner except the criminal appeal. Hence, this petition is filed before this court. 3. In view of the facts of the case, the authority concerned shall look into the Notification issued by the Ministry of External Affairs dated 25.08.1993 in this regard. It reads as under:- “In exercise of the process conferred by clause (a) of Section 22 of the Passport R/SCR.A/3876/2025 ORDER DATED: 03/07/2025 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 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 of 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)(ii) and (a) (iii) above can be further renewal 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 of 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 to force of the passport so issued." 4. In view of the above, Regional Passport Officer concerned is directed to process the application for renewal of Passport of the Petitioner and issue/renew the passport with a validity period of 10 years, in terms of the Notification referred to above. This exercise shall be completed as expeditiously as possible. 5. With the above observation and direction, this petition is disposed of. Direct service is permitted (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 04/07/2025 15:59:04