HC rules on applicant’s passport renewal amid pending criminal case

The issue at hand was whether the High Court could mandate a 10-year passport renewal without considering a pending criminal case against him.

Hyderabad: A two-judge panel of the Telangana High Court addressed a Central Government writ appeal concerning the renewal of a passport for an individual named Mahendra Kumar Agarwal.

The issue at hand was whether the High Court could mandate a 10-year passport renewal without considering a pending criminal case against him. Previously, a single judge had instructed passport authorities to process Agarwal’s application without referencing the ongoing criminal proceedings initiated by the Madhapur police.

During the proceedings, Deputy Solicitor General Praveen Kumar argued that the single judge failed to recognize that under Section 22A of the Passport Act, individuals with pending criminal cases must obtain permission from the relevant magistrate before travelling.

In contrast, Agarwal’s senior counsel, BS Prasad, contended that since no cognizance had been taken in the matter, denying the passport renewal would infringe upon Agarwal’s fundamental rights.

Consequently, the panel modified the single judge’s orders, stipulating that Agarwal must not leave the country without prior permission from the concerned court.

This ruling aligns with previous judgments from the Telangana High Court, which have established that pending criminal cases cannot be used as grounds to deny passport renewals, emphasizing that personal liberty includes the right to possess a passport and travel abroad