On account of pending case against you passport would not be issued to you for 10 years

an Aug 25, 1993 notification, states that request for re-issue of passport for full validity cannot be acceded to unless the court concerned issues a fresh order in this regard”.

as per the notification a person (having a criminal case pending) who applies for issue or reissue of passport to first obtain a NOC from the court where the case is pending and that if the court does not lay down any time period for renewal, then a passport of only one year validity would be issued

Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.

notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E) In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".

You would not get psssport for 10 years as compliant under section 420 of IPC is pending against you

You may please note that Section 6(2)(f) of the Passports’ Act 1967 read with Notification 570(E) of the Central Government require a person against whom there is any criminal case pending in any court to obtain an NOC from the concerned court and if the NOC is silent about the duration for which the passport may be issued, the passport shall be issued for only one year instead of normal 10 year validity.

Please note that the section has been challenged by shri Prashant Bhushan and the petition is pending before the Supreme Court and as such the above mentioned is the law as of now.

Also you may request the court to pass an order that the passport be renewed for a longer duration and if the court refuses your request then you may also go the SC in light of the petition pending in the SC

Please note that notice has been issued in the writ petition filed by shri prashant bhushan

Well,in normal circumstances the validity of passport is 10 years.

Since criminal case is pending agaisnt you the validity for you of passport is mere 1 years.

At the time reissue the NOC is required and the court is the only authority to allow such permission.

So there is no other way except the passport authority issues passport for 10 years and you don't need NOC from court except once.

You may consider filing a writ petition to issue apssport for normal10 years than one years as is happening now.

Hi, if the lower court is not giving you relief , you can appeal in the high court

1. Passport is issued by Regional Passport Office (RPO), not the court.

2. If the RPO is not issuing the passport due to the pendency of a criminal proceeding under Section 420 IPC then you could have challenged the action of RPO through a writ petition in the High Court.

3. There is no specific law which says that the court can order issuance of passport every year. Consider filing a writ petition.

Dear Client,

Court has permitted to renew passport for one year is as per notification of govt. of India dated 25th August 1993. Cannot be veneered for 10 years.

Read Judgement - Bombay High Court.

Deepak Dwarakasingh Cahabari vs Union of India. .

If there is a criminal case pending against you then it is the discretion of court give NOC for renewing the passport up to one year.

However this may not be a regular practice for all the 10 years,

This is applicable only during the pendency of criminal cases against you.

It is again the discretion of court based on the nature of case pending before it.

You can approach high court if the lower court is dismissing the petition seeking NOC for renewal of passport fotr next one year

I hav got noc three times in the last 3 years i need it again my passport expired in september show me the law where i can get validity for 10 yrs.my case is under ipc 420

You cannot claim it as a right to get your passport renewed for 10 years year on year basis.

You have to make sure that the case is disposed shortly and if for any reason the case is getting delayed inordinately, then you may approach high court for an expeditious trial.

Needless to mention that it will be open for the applicant to approach the Criminal Court, where criminal case against him is pending, for permission to travel out of India. Even if he has not received summons from the Criminal Court, it will be open for the applicant to apply to that Court for a limited purpose of issuing the necessary orders for grant and/or renewal of passport. Considering the fact that the matter involves the fundamental right of the applicant, the concerned Court shall decide such application as expeditiously as possible and preferably within four weeks from the date of receipt of such application, after notice to the prosecution. In case of Criminal Court passes an order for issuance of passport, the passport authority shall forthwith issue the passport to the applicant subject to the terms and conditions mentioned and notification but without making any endorsement on the passport about the pending criminal case.

Some excerpts from the decision of the Supreme Court in the case of Satwant Singh Sawhney v. V. D. Ramarathnam. Assistant Passport Officer, Government of India, New Delhi,is given below:

if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.

(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the Court; and provided further that, in the meantime, the order of the Court is not cancelled or modified;

(c) the passport issued in terms of (a)(i) above can be fresh, order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall give an undertaking in writing to the passport authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued.

10. In view of the aforesaid notifications by the Central Government, it is clear the that the citizens against whom criminal cases are pending are made exempt from the operation of Section 6(2)(f) provided they produce orders from the concerned Court permitting them to travel abroad subject to the terms and conditions mentioned in the notifications. In other words, an application of passport is not liable to be refused on the ground of pendency of criminal case if the applicant obtains permission from the concerned Criminal Court for travelling outside India. The passport authority, therefore cannot reject the application for passport mechanically on the ground of pendency of criminal case against the application. It will be the duty of the passport authority of bring the relevant notification to apply to concerned Criminal Court for permission to the travel abroad. If the applicant obtains such permiss on from the Criminal Court where his case of pending, the passport of authority will be duty bound to issue the passport in terms of the order of the Criminal Court subject to the conditions of the notification.

My next date for hearing is tomorrow

There are various judgments in this connection, which you may ask your advocate to produce it before court if they are relevant to your circumstance.