Passport Refused or Impounded Because of a Pending Case: What You Can Do

Grounds for refusal and impounding

Section 6(2)(f) of the Passports Act, 1967 allows refusal where criminal proceedings for an offence are pending against the applicant before a criminal court in India. Section 10(3) allows the passport authority to impound or revoke a passport on similar grounds, and where a court has issued a warrant or summons or ordered that the holder not leave India.

Getting a passport while a case is pending

A government notification of 1993 (GSR 570(E)) allows a passport to be issued to a person against whom criminal proceedings are pending, if the court concerned grants permission. The court may fix the period and impose conditions, such as an undertaking to appear on each date. The passport is then issued for the period the court allows.

Fair procedure is required

In Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to travel abroad is part of personal liberty under Article 21, and the passport authority must follow a fair procedure, including giving reasons and an opportunity to be heard.

Remedies

• Application to the trial court for permission to travel or to obtain a passport
• Statutory appeal against an order of refusal or impounding under Section 11 of the Act
• Writ petition before the High Court where the procedure has not been followed
• Application to the court to modify a bail condition restricting travel

Documents to keep ready

• Copy of the FIR, chargesheet and bail order
• Order sheet showing your appearance on each date
• Travel purpose: employment letter, admission letter or medical papers
• Passport office's notice or order