Karnataka High Court held that issuance of new passport may be barred in sec 6 of Passports Act 1967, but not renewal.
Krishna Chiranjeevi Rao Palukuri Venkata Vs Union of India and Ors on 1 Oct 2020
11. A reading of Section 6(2)(f) of the Passport Act indicates that, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country, if a criminal proceeding is pending against the applicant in India . However, the said provision does not provide for refusing to issue a passport for a person who intends to travel back to India . Hence, reading of this provision clearly indicates that it is applicable only for issuing a fresh passport and not for renewal of passport and this view is fortified by the decision of the Delhi High Court rendered in the case of Ashok Khanna –vs- Central Bureau of Investigation (supra). Delhi High Court while interpreting Section 6 of the Passport Act, 1967 has held that the Passport Authority can refuse to issue passport or an endorsement for visiting any country but nowhere in the provision it is mentioned that even for renewal of passport, the Authority can refuse to renew the passport.
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