Aishwarya Rathore –
Published On: October 4, 2021 at 12:30 IST
The Supreme Court ruled that the Passport Authority cannot refuse the renewal of a Passport merely on the ground of the pendency of a Criminal Appeal.
The Bench of Justices L. Nageswara Rao and BR Gavai observed, “The refusal of a passport can be only in cases where an applicant is convicted during the period of 5 years immediately preceding the date of application of an offence involving moral turpitude and sentenced to imprisonment for not less than two years.”
The Bench further stated, “At present, the conviction of the appellant stands still at the disposal of the criminal appeal. The sentence which he has to undergo is for a period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal.”
In the instant case, the applicant approached the Apex Court through an Interlocutory Application, requesting that the Central Bureau of Investigation (CBI) provide no objection to the renewal of his Passport, which expired on November 12, 2017.
The CBI opposed the petition, claiming that passport renewals could only be granted if the application was accepted by the concerned Trial Court.
The applicant was found guilty of offences punishable under Sections 120-B, 420, 468, 471, and 477 A of the Indian Penal Code, as well as Sections 13 (2) and 13 (1) of the Prevention of Corruption Act, 1988.
However, the Hon’ble Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the Criminal appeal.
Click here to read/download the Order
Also Read: Appellate Jurisdiction of Supreme Court in Criminal matters
Grounds for Appeal in High Court