Title credits: HI (Human Intelligence) + AI (Artificial Intelligence #ChatGPT)
A pending criminal
case can be a daunting obstacle in the passport renewal process, but it doesn't
have to put your travel plans on hold.
"The world is a
book, and those who do not travel read only one page." - Saint Augustine
In India, the
Passport Act of 1967 gives the government the authority to deny, impound or
revoke a passport if it is in the interest of the sovereignty and integrity of
India, the security of India, friendly relations of India with any foreign
country, or in the interests of the general public. It has been seen that in
certain cases, the government has denied renewal or issuance of passports to
individuals having pending criminal cases.
A Bombay High Court judgement in the case of Nijal Navin Shah vs. State of Maharastra (Criminal Application No. 1193 of 2022) has clarified that an individual with pending criminal cases can renew their passport, subject to checks and scrutiny for eligibility required under the provisions of Passport Act.
Considering the
present case of the applicant Nijal Shah has a pending criminal case under
Section 406 (criminal breach of trust), Section 420 (cheating &
dishonesty), and Section 120(b) read with 34 (criminal conspiracy) of the Indian
Penal Code, 1860 against him. He needed to renew his passport but the
application was rejected basis the investigation is pending; one of the
accused is absconding and there are chances of tampering with evidence.
But with this court
ruling, Nijal will be able to renew his passport as he abided by all the
conditions laid down by the Session judge at the time of pre-arrest bail and travelled
to the USA during the investigation. He has an immoveable property in Mumbai and
his son is working in Melbourne, Australia. There is no material on record to
show that the applicant carries flight risk. This ruling protects the applicant’s
constitutional right to travel (freedom of movement).
In short, the recent court judgement in India has opened the door for individuals with pending criminal cases to renew their passports and explore the world. It is recommended to consult an advocate for guidance and be prepared with the required documents to support the application.
