ADITYA SARDA Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) In the present writ petition, the petitioner has challenged the vires of Clause (a)(ii) of a Notification issued by the Ministry of External Affairs, Government of India bearing no. G.S.R 570(E) dated August 25, 1993 in as much as the said sub-clause restricts the issuance of passport to one year in cases where the jurisdictional criminal court, where a criminal case is pending against the applicant, grants permission to the applicant to depart from India without specifying the period for the same.

(2.) Learned counsel for the petitioner argues that Sec. 6(2)(f) of the Passports Act, 1967 (hereinafter refer to as, "the 1967 Act"), provides a bar to issuance of passports in respect of persons against whom proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India. The concerned Notification bearing no. G.S.R 570(E) dated August 25, 1993 provides exemption to such bar in cases where the applicant produces orders from the court concerned permitting him/her to depart from India.

(3.) Sub-clause (i) of Clause (a) thereof stipulates that such passport shall be issued, in cases where the court permits the person to depart from India and specifies a period, for such period.