Pending Criminal Cases Cannot Automatically Block Passport Renewal: Bombay HC Issues Guidelines
· Free Press Journal
Mumbai, May 2: The Bombay High Court has ruled that pending criminal cases should not become an automatic barrier to passport renewal, underlining that the right to travel and livelihood cannot be curtailed by procedural hurdles.
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A bench of Justices Ajey Gadkari and R.R. Bhonsale, on April 29, 2026, addressed the “unnecessary delay and inconvenience” caused when applicants are forced to seek a No Objection Certificate (NOC) from criminal courts, even in cases where summons have not been issued or cognisance has not been taken. It said this causes unnecessary delay and inconvenience and burdens the judiciary.
Right to travel protected
Referring to a Supreme Court ruling, the bench reiterated that liberty is a state obligation, not a gift. The bench noted that procedural safeguards should not become “rigid barriers”.
“The freedom of a citizen to move, to travel, to pursue livelihood and opportunity, subject to law, is an essential part of the guarantee under Article 21 of the Constitution of India,” the court quoted.
In one case, the petitioner sought renewal of his passport for employment purposes, arguing that the delay affected his livelihood. In other petitions, applicants working abroad said they were unable to renew work visas due to passport expiry, despite criminal cases being at a preliminary stage with no cognisance taken.
The High Court examined provisions of the Passports Act, 1967, noting that refusal to issue a passport is permitted only on specific grounds, including pending criminal proceedings. However, it highlighted that such restrictions are limited and must be read along with government notifications that provide relief in appropriate cases.
No blanket denial of rights
The bench observed that the purpose of restricting passport issuance in such cases is to ensure that the accused remains available for trial, and not to impose a blanket denial of rights.
It also clarified the distinction between holding a passport and travelling abroad, noting that while travel may require court permission, possession or renewal of a passport is governed by statutory provisions and cannot be denied arbitrarily.
“Holding a passport and travelling abroad are distinct—permission to travel may be regulated, but possession of a passport cannot be denied arbitrarily,” the judges added.
The court said passport authorities retain the primary power to issue, refuse, or renew passports under the law, while criminal courts are mainly concerned with ensuring the presence of the accused during trial.
Guidelines issued by court
The judgment lays down broader guidance on how such applications should be handled to avoid delays and ensure a balance between individual rights and the interests of justice.
“The aim and object are to ensure that the trial proceeds smoothly… and that the accused is available to face the trial,” it observed.
The court concluded that the Passport Authority, as an arm of the State, is expected to act in a "fair and transparent manner" to avoid causing citizens unnecessary litigation costs and delays.
Key Suggestions and Guidelines
Standard 10-Year Renewal:
Passports should generally be renewed for 10 years as per the Passport Rules, 1980, unless a court specifically orders otherwise.
Administrative NOCs:
For many cases, the court suggested that NOCs could be handled administratively by providing details such as trial status and attendance records, rather than requiring a full judicial hearing.
Serious Offences:
Applications involving “serious and heinous offences, financial frauds, or offences against the State” should still be considered on the judicial side by the relevant criminal court.
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Denying Furlough To Prisoners Under MCOCA & POCSO Is A Constitutional Issue, Bombay HC Refers Matter To Larger BenchSeparation of Documents and Travel:
The court clarified that possessing a valid passport is distinct from the act of travelling. Renewing a document does not automatically grant the right to leave the country if restrictive bail conditions are in place.
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