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HARSH BUNGER J. (ORAL) –

Petitioner (Baldev Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India, inter alia, seeking issuance of a writ in the nature of Mandamus for directing respondent No.2 (Senior Superintendent of Police, Ferozepur, Punjab) to issue ‘No Objection’ Certificate for the purpose of issuance of the passport to him in pursuance of application bearing No.24-0005668936 dated 30.03.2024 (Annexure P-1).

2. Briefly, petitioner is stated to have applied for passport vide application bearing No.24-0005668936 dated 30.03.2024 (Annexure P-1). Thereafter, petitioner is stated to have received notice dated 17.05.2024 (Annexure P-3) from the Regional Passport Office, Amritsar, stating therein that a case bearing FIR No.195 dated 16.08.2013, under Sections 419, 420, 467, 468 and 120-B of the Indian Penal Code, registered at Police Station E.O.W. Crime Branch, Delhi, stands registered against him, wherein the trial is going on. Accordingly, petitioner was called upon to give explanation regarding the circumstances under which he had suppressed the material information.

2.1 The petitioner is stated to have submitted representation dated 11.12.2024 (Annexure P-2) before the Senior Superintendent of Police, Ferozepur, Punjab (respondent No.2 herein), for grant of ‘No Objection’ Certificate for issuance of passport, as applied by him; however, the same is stated to have not been adverted to, till date.

3. In the aforesaid circumstances, the instant writ petition has been filed before this Court seeking relief(s), as noticed hereinabove.

4. Ms. Komal Preet Chauhan, Advocate and Mr. Navneet Singh, Senior Deputy Advocate General, Punjab have appeared on behalf of respondents No.1 and 3 and respondent No.2/State, respectively, in pursuance of the advance copy(ies) of paper book having already been supplied to them. Learned counsel for respondents No.1 and 3 has handed over in Court a copy of communication issued to her by the Legal Cell, Regional Passport Office, Amritsar, which is taken on record, subject to all just exceptions. Relevant extract thereof reads as under:-

“This office is in receipt of an e-mail dated 13.01.2025 with a copy of Civil Writ Petition filed by the petitioner. In this regard, upon perusal of the Civil Writ Petition and examined your case keeping in view the documents submitted by you and an Adverse PVR was received with remarks that “FIR NO. 195 DT 16-8-2013 U/S 419/420/467/468/120B IPC E.O.W. CRIME BRANCH DELHI REGISTERED AGAINST APPLICANT CASE IS UNDER TRIAL IN THE COURT”. Due to this office was asked for producing current status of above noted FIR in writing and to comply the office letter dated 17.05.2024 respectively but the petitioner instead of furnishing compliance to the office of respondent i.e. RPO, Amritsar preferred approaching to the Hon’ble High court. Whereas, undersigned after scrutiny of the PVR in consultation with the notification no. GSR 570(e) dated 25.08.1993 as above, came to the conclusion that the provisions u/s 6(2)(f) of the Passport Act, 1967 is attracted in the matter. Hence, it is regretted that the Passport to the applicant cannot be Reissued at this stage in the absence of order from the court concerned permitting them to depart from India from the operation of provisions of clause (f) of sub-section (2) of Section 6 of the said Act.

After submission of NOC under GSR 570(e) being submitted by the petitioner this office would revert to the matter. Therefore, Ld. Counsel is requested apprise the Hon’ble court before next date of hearing accordingly.”

5. Learned counsel for respondents No.1 and 3, while referring to the aforesaid communication, submits that since FIR No.195 dated 16.08.2013 is pending trial against the petitioner in the Courts at Delhi; accordingly, petitioner is required to submit an order from the concerned Court, permitting him to depart from India in terms of the Government Instructions issued vide GSR 570(E).

6. G.S.R. 570(E) dated 25.08.1993 is reproduced as under:-

“G.S.R. 570(E) — In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.GSR 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 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;

(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 renewed 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 pass port or specifying a period for 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 in force of the passport so issued.”

7. Keeping in view the aforesaid Government Instructions issued vide GSR 570(E) dated 25.08.1993, the present writ petition is disposed of by relegating the petitioner to approach the concerned Court where the trial in case FIR No.195 dated 16.08.2013 is pending against him, in order to seek permission to depart from India, and further submit the same to the Passport Authorities so as to enable them to process the passport application submitted by him, in accordance with law.

8. All the pending application(s), if any, shall also stand closed.

Order accordingly.

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