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2026 DAILYLAW 380 (KER)

Sakkeer Hussain, S/O. Hussain v. Union of India, Represented By The Secretary To Government, Ministry of External Affairs

2026-05-26

Murali Purushothaman

body2026
JUDGMENT : MURALI PURUSHOTHAMAN, J 1. The petitioner is the holder of an Indian passport bearing No.N4127964 and is presently working in Saudi Arabia. The passport of the petitioner expired on 20.10.2025 and he applied for re-issuance of the passport evidenced by Ext.P3. By Ext.P5, the petitioner was informed that the passport cannot be renewed due to pendency of a criminal case against him. The petitioner submits that he is an accused in C.C No.470 of 2023 pending before the Judicial First Class Magistrate Court - II, Kottarakara. The said court has issued a Non Bailable Warrant against the petitioner. Since the passport of the petitioner is not renewed, he is not in a position to come to India and to defend the case. He also states that the validity of his resident identity card will expire shortly. Accordingly, he has filed this writ petition for a direction to the 2 nd respondent to process his application for re-issuance of passport for a period of five years without being hindered by the fact that a criminal case is pending against him. 2. A statement has been filed on behalf of respondents 1 to 3, paragraphs 3 and 4 of which read as follows:- “3. It is further submitted that as per G.S.R. 570(E) dated 25.08.1993, where criminal proceedings are pending against an applicant, issuance or reissue of passport can be considered only on the basis of orders obtained from the competent criminal court permitting the applicant to travel abroad or directing issuance of passport. In such circumstances, only a Short Validity Passport can be issued subject to the conditions imposed by the concerned court. In the present case, the petitioner has not produced any such order before the Passport Authority. 4. Therefore, in the absence of orders from the competent criminal court and in view of the adverse police verification report, the Passport Authority is legally constrained from processing the petitioner’s application favourably. The petitioner is at liberty to approach the competent court for appropriate orders and thereafter approach the Passport Issuing Authority for further action in accordance with law.” 3. Heard Sri.Rahul Krishnan U.S, the learned counsel for the petitioner and Sri.S.Prasanth, the learned Senior Panel Counsel for the respondents. 4. The petitioner is at liberty to approach the competent court for appropriate orders and thereafter approach the Passport Issuing Authority for further action in accordance with law.” 3. Heard Sri.Rahul Krishnan U.S, the learned counsel for the petitioner and Sri.S.Prasanth, the learned Senior Panel Counsel for the respondents. 4. The 1 st respondent has issued G.S.R.570(E) under Section 21 of the Passports Act, 1967 permitting the issuance of passport to the persons who are accused in criminal cases, subject to the condition that permission of the Criminal Court must be obtained and the passport shall be reissued only for the period for which such permission is granted by the Criminal Court. Since the petitioner’s passport has already expired, he is not in a position either to come to India and defend the case or to obtain orders from the competent criminal court permitting him to travel abroad or directing issuance of passport. 5. In the said circumstances, to meet the ends of justice, direction is issued to the 2 nd respondent to process the application of petitioner evidenced by Ext.P3 for re-issuance of passport and issue a short validity passport for a period of one year to enable him to travel to India. This shall be done as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. It is made clear that, to travel abroad on arrival in India, he shall obtain the permission of the criminal court where the case is pending. The writ petition is disposed of.