Telangana High Court: Passport Cannot Be Reissued Without Trial Court NOC in Pending Criminal Cases
Court Upholds Section 6(2)(f) of Passports Act, 1967
NOC Mandatory, But Does Not Amount to Permission to Travel Abroad
By Our Legal Correspondent
New Delhi: March 31, 2026:
In a significant ruling, the Telangana High Court has held that a person facing pending criminal proceedings cannot have their passport reissued or renewed without first obtaining a No-Objection Certificate (NOC) from the trial court. The Court clarified that while the passport authority may consider reissuance after an NOC is granted, such a certificate does not automatically permit the applicant to travel abroad.
This judgment, delivered by Justice Nagesh Bheemapaka on 30 March 2026, came in response to a writ petition filed by a research scientist employed in the United States in case titled: Dr. Raghavender Siva Vijaya Chivukula v. Union of India & Ors., Writ Petition No. 25543 of 2025), who sought urgent reissuance of his lost passport despite facing criminal charges in India.
Case Background
- Petitioner: Dr. Raghavender Siva Vijaya Chivukula, a research scientist working in the US.
- Charges Pending: Sections 498-A, 406, 506 IPC and provisions of the Dowry Prohibition Act, filed by his wife.
- Petitioner’s Argument:
- Mere pendency of a criminal case should not bar passport reissuance.
- Denial violated his fundamental rights under Articles 14, 19, and 21 of the Constitution.
- He urgently needed a passport to return to his job in the US, failing which he would face severe professional and financial consequences.
- Respondents’ Argument (Union of India & Passport Authorities):
- Section 6(2)(f) of the Passports Act, 1967 mandates refusal of passport issuance when criminal proceedings are pending.
- As per Office Memorandum, an applicant must obtain an NOC from the trial court before reissuance.
- Respondent-Wife’s Objection: Alleged suppression of facts and expressed fear that granting a passport would enable the petitioner to evade trial.
Court’s Observations
- Criminal proceedings were admittedly pending, with a charge sheet already filed.
- Under Section 6(2)(f), passport issuance must be refused unless the trial court grants prior permission.
- The Court relied on a Division Bench judgment (W.A. No. 194 of 2026), which had earlier clarified that applicants must seek NOC from trial courts before applying for renewal.
- The Court emphasized:
- NOC is mandatory for reissuance.
- NOC does not equal permission to travel abroad—a separate application must be filed for that purpose.
Final Order
- The writ petition was disposed of without costs.
- The petitioner was granted liberty to approach the trial court immediately.
- The trial court was directed to consider the application expeditiously, preferably on the same day.
- Passport authorities can only process reissuance after the trial court issues an NOC.
Legal Context
- Passports Act, 1967 – Section 6(2)(f): Mandates refusal of passport issuance if criminal proceedings are pending before a competent court.
- Judicial Precedent: Courts have consistently upheld the requirement of trial court permission in such cases.
- Fundamental Rights vs Statutory Restrictions: The ruling balances individual rights with the need to ensure accountability in criminal proceedings.
Implications
- For Citizens: Anyone facing criminal charges must first obtain trial court clearance before applying for passport renewal.
- For Courts: Reinforces judicial oversight in balancing personal liberty with pending criminal proceedings.
- For Passport Authorities: Provides clarity on procedure, reducing administrative ambiguity.
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FAQ Section
1. Can a person with pending criminal cases get a passport?
Yes, but only after obtaining an NOC from the trial court.
2. Does NOC allow international travel?
No. NOC only permits reissuance of the passport. Separate permission is required for travel abroad.
3. What if the trial court refuses NOC?
The passport authority cannot reissue the passport.
4. Does this apply to renewal and fresh issuance?
Yes, both require trial court clearance if criminal cases are pending.
5. What rights do applicants have?
They can approach the trial court, which must consider applications expeditiously.
Conclusion
The Telangana High Court’s ruling underscores a vital principle: passport reissuance during pending criminal proceedings requires trial court clearance. By distinguishing between reissuance and permission to travel abroad, the Court has ensured that personal liberty is balanced with judicial accountability. This judgment provides clarity for citizens, passport authorities, and courts, reinforcing the statutory framework under the Passports Act.
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