The Allahabad High Court has said that a passport cannot be denied to a claimant merely on the basis of a pending criminal case.
A division bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar made the remark while disposing of a writ petition filed by one Akash Kumar of Jaunpur district.
The court has directed the passport authority concerned to decide the claim of the petitioner for issuance of a passport within six weeks in the light of the relevant decisions of the apex court and the high court in this connection.
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Kumar had filed a writ petition, requesting the court to quash the order dated July 21, 2023, passed by Passport Seva Kendra, Varanasi, by which the petitioner’s passport application was rejected on the ground that the police verification report was not clear.
In his writ petition, the petitioner had also requested the court to direct the regional passport officer, Lucknow, and Passport Seva Kendra, Varanasi, to issue a passport to him.
The counsel for the petitioner had taken the plea that it is settled law by the apex court as well as this court that a passport cannot be denied merely on the basis of a criminal case. In support of his submission, he placed reliance on the judgment of this court in the case of Basoo Yadav Vs Union of India (2022), which squarely covered the present case.
He also relied on the judgment of the apex court in the case of Vangala Kasturi Rangacharyulu Vs CBI (2021), which held that the passport authority cannot refuse renewal of a passport on the ground of pendency of a criminal appeal.
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