Delhi High Court orders renewal of passport of litigant whose appeal against conviction was pending
Justice SwaranaKanta Sharma [05-02-2024]

Read Order: ASHUTOSH SHARMA v. STATE THR. CBI [DEL HC-CRL.A. 607/2011]

LE Correspondent

New Delhi, February 15, 2024: The Delhi High Court has observed that it has the power to grant exemption or no objection for the purpose of issuance/renewal of passport to litigant whose criminal appeal was pending.

The appellant-Ashutosh Sharma had preferred the appeal against the order on sentence passed by the Court of Special Judge, CBIwhereby the Trial Court had convicted the appellant and had sentenced him to undergo four years of rigorous imprisonment with fine of Rs 10,000 under Section 7 of Prevention of Corruption Act, 1988 (PC Act)and four years of rigorous imprisonment with fine of Rs. 10,000 under Sections 13 (2) read with Section 13(1)(d) of PC Act.The appeal was admitted and the sentence of the appellant was suspended.

It was the case of the appellant that he was issued a passport which expired during the pendency of proceedings before the Trial Court. It was further submitted as per the procedure of passport office, in case of pending criminal proceedings, permission needs to be taken from the concerned Court before making application for renewal of passport. It was stated that the applicant had already been granted bail by this Court without any conditions and he did not pose any flight risk as he has been a permanent resident of Delhi. He further undertook to remain present before this Court as and when directed to do so.

Referring to Section 6(2) of the Passports Act, 1967, the Single-JudgeBench of Justice SwaranaKanta Sharma opined that the passport authority can refuse to issue passport, on the following two grounds:

• If the applicant has been found guilty of any morally reprehensible offence by an Indian court and sentenced to imprisonment for a period of at least two years, within the last five years prior to the date of application.
•  If there are criminal proceedings pending against the applicant in an Indian court for any offence.

The Bench referred to the judgment in Sabir v. State (NCT of Delhi) wherein it has been opined that the Courts before whom the criminal proceedings are pending are empowered to grant permission to travel abroad, subject to certain conditions.

“Therefore, this Court has the power to grant exemption or no objection for the purpose of issuance/renewal of passport to the appellant herein, whose criminal appeal is pending before this Court”, the Bench held.

The High Court observed that the instant appeal had been pending since the year 2011. The passport of the appellant had been reviewed in past by the passport authorities after the permission to do so had been granted by the Trial Court, and the same was valid till the year 2022.  The Bench also noted that the appellant had been out on bail for more than 13 years, and no adverse report had come on record that he had misused the liberty so granted to him.

The Bench ordered, “Thus, considering the overall facts and circumstances of the case, there are no grounds to refuse the relief as prayed for in this application. It is, therefore, directed that the passport of the appellant herein be renewed by the concerned passport office, as per applicable rules.”